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2025 DAILYLAW 172784 (ALL)

SHIVJI @ SHIVA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. OF HOME LKO AND 3 OTHERS

BAIL/794/2025 · 2025-11-25

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 794 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Ms. Moni Yadav, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.272 of 2024, under Section 65(1), 115(2), 351(2), 352 BNS & Section 3/4(2) of POCSO Act, P.S. Kakori, District Lucknow. 3. In terms of the FIR it was alleged that daughter of the informant aged about 14 years was taken by the applicant and wrong was committed. In the statement under Section 180 BNSS, the victim stated that she was taken on a bike and thereafter, she went to his home where wrong was committed. Victim has refused to undergo medical examination. 4. Learned AGA has opposed the bail application. 5. Considering the refusal of the victim to undergo medical examination and the statement under Section 180 BNSS, the applicant who is in custody since 26.10.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Shivji @ Shiva 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) : Santosh Kumar Yadav, Triloki Nath Yadav Counsel for Opposite Party(s) : G.A., Moni Yadav, Rahul Kumar Shivji @ Shiva .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home 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 25, 2025 nishant BAIL No. 794 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench