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2025 DAILYLAW 172723 (ALL)

AMIT KUMAR v. THE STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

/11869/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11869 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 applicant seeks enlargement on bail in FIR No.0112 of 2025, under Section 137(2), 115(2), 87, 64(2) BNS, Section 5(i)/6 of POCSO Act & Section 3(2)V, 3(2)va of SC/ST Act, P.S. Jahangirganj, District Ambedkar Nagar. 3. In terms of the FIR it was alleged that daughter of the informant aged about 16 years was enticed by the applicant. Subsequently, in her statement the victim did not support the prosecution under Section 180 BNSS, however, in the statement under Section 183 BNSS, the victim levelled the allegation of rape. Victim has refused to undergo medical examination. 4. Learned AGA has opposed the bail application. 5. Considering the tentative age of the victim to be 18 years, the applicant who is in custody since 30.04.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Amit Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: Versus Counsel for Applicant(s) : Vaibhav Srivastava, Vishnu Pratap Singh Counsel for Opposite Party(s) : G.A. Amit Kumar .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) (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. November 28, 2025 nishant BAIL No. 11869 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench