DURGESH @ NIKAU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 3 OTHERS
BAIL/10518/2025 · 2025-10-30
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172803 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172803 (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. - 10518 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. 186 of 2024, under Sections 363/366/376-D,328, I.P.C. and Section 5/6, Protection of Children from Sexual Offences Act, 2012, P.S. Motigarpur, District Sultanpur.
3. Learned counsel for the applicant argues that in terms of the allegations in the FIR in question co-accused Vikas alias Himanshu has been enlarged on bail vide order dated 16.10.2025 passed in Criminal Misc. Bail Application No. 2034 of 2025, and the applicant is in custody since 19.09.2024 and he has no criminal history.
4. Learned AGA has opposed the bail application.
5. Considering the fact that the co-accused Vikas alias Himanshu has been enlarged on bail vide order dated 16.10.2025 passed in Criminal Misc. Bail Application No. 2034 of 2025, and the applicant who is in custody since 19.09.2024 and he has no criminal history, without commenting upon the merits of the case, the applicant is entitled to be enlarged on bail on the ground of parity. In view thereof, the application is allowed.
6. Let the applicant Durgesh alias Nikau 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 Versus Counsel for Applicant(s) : Vinod Kumar Pandey, Rakshit Singh Counsel for Opposite Party(s) : G.A. Durgesh @ Nikau .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others .....Opposite Party(s)
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 30, 2025 A.Nigam BAIL No. 10518 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench