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2025 DAILYLAW 172842 (ALL)

NANKU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

/12186/2025 · 2025-12-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12186 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.205 of 2025, under Sections 87, 65(1) of BNS and Section 3/4 of POCSO Act, Police Station Hurdutt Nagar Girant, District Shrawasti. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 15 years was enticed by the applicant and the co-accused. In the statements under Sections 180 and 183 of BNSS, the victim did not support the prosecution case and stated that she had married with the applicant and both of them had stayed together for 12 days as husband and wife and the police had apprehended them. She specifically stated that nothing wrong was done against her. The tentative age of the victim is around 16 years. There is no definite document with regard to the exact age of the victim. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the two statements of the victim and the fact that the applicant has no criminal antecedents and is languishing in jail since 08.09.2025, I am of the view that the applicant is entitled to be released Versus Counsel for Applicant(s) : Pawan Kumar Mishra, Vikram Jeet Singh Rathore Counsel for Opposite Party(s) : G.A. Nanku .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) on bail. Accordingly, the bail application is allowed. 6. Let the applicant Nanku be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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. December 9, 2025 akverma BAIL No. 12186 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench