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2025 DAILYLAW 173528 (ALL)

KAUSAR ALI v. STATE OF U.P.. THRU. ADDL. CHIEF SECY. HOME CIVIL SECTT. LKO. AND 3 OTHERS

BAIL/10440/2025 · 2025-11-06

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. - 10440 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and Raja Babu Gupta, who appears for the informant. 2. The accused-applicant seeks bail in FIR/Case Crime No.0186 of 2020 under section 376 & 506 IPC and section 3 & 4 POCSO Act, P.S. Malhipur, District Shravasti. 3. In terms of the FIR lodged through an application under section 156(3) Cr.P.C. it was alleged that the relative of the informant had died because of which, the informant as well as her husband and two children had gone to the village. Subsequently, the sister in law and the brother in law of the informant came and when they saw she was alone and sister in law went washroom, then the applicant committed wrong on her. 4. The counsel for the applicant argues that similar FIR was lodged by the same informant against the applicants in a different district Bahraich in which the final report was filed against which the protest petition was also filed, which is pending. It is further stated that the informant and the applicant had performed Nikah at Mumbai and on account of the matrimonial family dispute, this false FIR has been lodged. The tentative age of the victim is around 23 years. 5. Considering the victim to be major and similar FIR has been lodged at her instance at two places, a clear case for bail is made out, more so when the Versus Counsel for Applicant(s) : Aasif Razzaque Khan, Asim Counsel for Opposite Party(s) : G.A. Kausar Ali .....Applicant(s) State Of U.P.. Thru. Addl. Chief Secy. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s) applicant is in custody since 16.09.2025 and has no criminal history. Thus the bail application is allowed. 6. Let the applicant Kausar Ali be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. November 6, 2025 VNP/- BAIL No. 10440 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench