NADEEM v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS
BAIL/900/2025 · 2025-11-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173096 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173096 (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. - 900 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. 558 of 2024, under sections 64, 115(2), 351(3), 352 BNS and Sections 3/4 POCSO Act, P.S. Mohammadi, District Kheri. 3. Learned counsel for the applicant argues that first bail application filed by the applicant was dismissed on 9.1.2025 mainly on the ground that the affidavit filed was defective. While arguing second bail application learned counsel for the applicant submits that in terms of FIR it was alleged that on 10.8.2024 the informant's daughter had gone out of her home when the applicant caught hold of her and misbehaved with her and when she raised hue and cry he ran away. No allegations of rape was levelled. Subsequently in her statement under Section 180 BNSS the victim stated that wrong was also committed on the date of incident. In the statement under Section 183 BNSS similar statement was given. The medical on record does not corroborate any of the said allegations. 4. Learned AGA has opposed the bail application. 5. Considering the huge inconsistency in the FIR version and of two statements, however, without commenting upon the merits of the case, the applicant who is in jail since 20.9.2024 and has no criminal history is Versus Counsel for Applicant(s) : Brijesh Kumar, Aman Kumar Shrivastav, Deepak Verma, Shiv S.E. Chitambar Counsel for Opposite Party(s) : G.A., Suresh Chand Rathour Nadeem .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And 3 Others .....Opposite Party(s)
entitled to be enlarged on bail. In view thereof, the application is allowed. 6.
Let the applicant Nadeem 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: (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 11, 2025 J. K. Dinkar BAIL No. 900 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench