DIWAKAR @ AZAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/9684/2025 · 2025-10-09
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168642 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168642 (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. - 9684 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.0172 of 2025 under sections 137(2), 87, 65(1) BNS and section 3/4(2) POCSO Act, P.S. Gurubuxganj, District Rae Bareli. 3. The FIR in question was lodged as a missing person report stating that the applicant had enticed his daughter. Subsequently, in the statement under Section 180 BNSS, the victim did not support the prosecution story and stated that she knew the applicant for the last one year and had gone out of her own free will. She denied the forming of any physical relations and also stated that the applicant wanted to marry her. However, the statement was changed under Section 183 BNSS, wherein she said that the applicant had committed wrong on her. The medical on record does not corroborate the allegations of any force being used. 4. In view of the statement made under section 183 as well as the medical not corroborating the allegations and the tentative age of the victim around to be 16 years, a case for bail is made out. The applicant, who is in custody since 6/7/25 and has no criminal history, is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Diwakar @ Azad be released on bail in aforesaid Versus Counsel for Applicant(s) : Vyas Narayan Shukla Counsel for Opposite Party(s) : G.A. Diwakar @ Azad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
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 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. 9684 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench