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2025 DAILYLAW 173287 (ALL)

GHULZARUL HAQ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/10407/2025 · 2025-11-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10407 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA, Sri Amitesh Mishra, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.0253 of 2025, under Sections 64, 123 of BNS, 2023, P.S. Hazratganj, District Lucknow. 3. In terms of the FIR, it was alleged that the informant met the applicant near the Secretariat and he asked for her mobile number and subsequently, friendship was made in between them and on 25.12.2024, she was taken in a room and after administering something in tea offered to her, physical relations were formed against her consent and the same continued for one month and now, the applicant was blackmailing her. In the statement under section 183 BNSS, the victim stated that she went with the applicant's house for washing his cloths and where she was administered something in tea and thereafter wrong was committed. It was stated that the said relationship was continued for one year and when she refused, he made a phone call to the Pradhan. In both the FIR as well as the statement, there are no allegations to suggest that by the use of force, the informant continued to visit the applicant for one year. The tentative age of the victim is around 24 years. Apart from the statement, there is no material on record to justify the allegations levelled. The applicant has no criminal antecedents. 4. Learned counsel for the informant has opposed the bail by arguing that the victim is receiving threats at the instance of the applicant, however, no FIR to that effect appears to have been lodged at the instance of the informant. 5. Learned A.G.A. also opposed the bail prayer. 6. Considering the fact that the victim continued to visit the applicant for one year; the age of the victim is around 24 years and with the fact that the applicant is in custody since12.09.2025 and has no criminal antecedent, this Court is of the view that the applicant is entitled to be released on bail. Accordingly, the application is allowed. Versus Counsel for Applicant(s) : Shahid Raza, Asrar Ahmad Khan Counsel for Opposite Party(s) : G.A., Amitesh Mishra, Sadhu Sharan Chaubey Ghulzarul Haq .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. Let the applicant Ghulzarul Haq 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 3, 2025 Renu/- BAIL No. 10407 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench