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2025 DAILYLAW 173430 (ALL)

MANZOOR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS

BAIL/5367/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5367 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. No one appears for the informant, despite notice having been served on her. 2. The applicant seeks enlargement on bail in FIR No. 45 of 2025, under Sections 65(1), 351(3), B.N.S. and Section 3/4(2), POCSO Act, and Section 3(2)(v), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Itiyathok, District Gonda. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that niece of the informant, aged about 15 years, was crying and subsequently, it was found that the applicant had committed the wrong on her and ran away. The FIR was lodged on 3/3/2025. It is further argued that in the statement recorded under section 180 BNSS, the victim stated the date of the incident as 2/3/2025 and stated that at about 2 a.m. in the night, when she had gone to the bathroom, the applicant caught hold of her and committed the wrong. The medical examination of the victim was done on 3/3/2025, which does not corroborate the allegation of force being used. The age of the victim is around 16 years. 4. Learned AGA has opposed the bail application. 5. Considering the medical report on record, which does not corroborate the allegations, the applicant, who has been in custody since 4/3/2025 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 Manzoor Ali 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; Versus Counsel for Applicant(s) : Ankur Pandey Counsel for Opposite Party(s) : G.A. Manzoor Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) (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. 5367 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench