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2025 DAILYLAW 167800 (ALL)

PAPPU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/11625/2024 · 2025-03-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14262 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11625 of 2024 Applicant :- Pappu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Farhan Alam Osmany,Aruna Kumari,Iqbal Ali Counsel for Opposite Party :- G.A.,Arunendra Nath Mishra Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Iqbal Ali, learned counsel for the applicant and Shri Hari Shankar, learned AGA for the State and Shri Arunendra Nath Mishra, learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.479 of 2024, under Sections 64(1), 115(2), 351(2), 352 BNS and Section 5(M)/6 POCSO Act, Police Station Tadiyawan, District Hardoi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 03.09.2024 against the applicant, his father, mother and brother alleging that the applicant used to pressurize the informant's daughter to marry him. On 02.09.2024, the applicant abused and threatened the informant's daughter and beaten up the informant and his family members. 4. The allegation of beating up is not supported by any medico- legal examination report. All the other co-accused persons have been given a notice under Section 35 BNSS. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history; that no injury has been sustained by informant or his family members and that the applicant is languishing in jail since 25.09.2024, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant Pappu be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 7.3.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench