ASHRAF v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/9695/2025 · 2025-10-09
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168580 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168580 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9695 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The accused-applicant seeks bail in FIR/Case Crime No.74 of 2025 under sections 65(1), 137(2), 87, 351(2) BNS, 5/6 POCSO Act, and section 3(2)(v) SC/ST Act, P.S. Kursi, District Barabanki.
3. The FIR in question was lodged alleging that the daughter of the informant was enticed by the applicant. Subsequently, in the statements under section 180, the victim did not support the prosecution story and stated that she went along with the applicant on his motorcycle to Sultanpur. However, in the statement under section 183 BNSS, there was slight variance and allegations of rape were also levelled. The tentative age of the victim is around 17 years. The medical on record does not corroborate the allegations.
4. Considering the huge variance in the two statements and the fact that the victim had gone along with the applicant on motorcycle to a different district, the applicant who is in custody since 06.03.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed.
5. Let the applicant Ashraf be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of Versus Counsel for Applicant(s) : Farooq Ayoob, Km. Pooja Tiwari Counsel for Opposite Party(s) : G.A. Ashraf .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 9, 2025 VNP/- BAIL No. 9695 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench