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2025 DAILYLAW 173405 (ALL)

ALOK TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/10541/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10541 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA, Sri Avadhesh Mishra, Advocate, who has filed his vakalatnama on behalf of the complainant, which is taken on record, and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 168 of 2025, under Sections 87, 137(2), 64(1), B.N.S. and Section 3/4, Protection of Children from Sexual Offences Act, 2012, P.S. Katka, District Ambedkar Nagar. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that daughter of the informant was enticed by the applicant on false pretext of marriage, however, subsequently, in her statements recorded under Section 183, B.N.S.S. the victim denied the prosecution case. The tentative age of the victim is around 17 years. 4. Learned AGA has opposed the bail application. 5. Considering the said statement of the victim not supporting the prosecution case and the age of the victim, who is aged about 17 years, , the applicant, who is in custody since 28/09/2025 and has no criminal history, without commenting upon the merits of the case, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Alok Tiwari be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- Versus Counsel for Applicant(s) : Neeraj Kumar Mishra, Saurabh Mishra Counsel for Opposite Party(s) : G.A. Alok Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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. October 30, 2025 A.Nigam BAIL No. 10541 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench