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2025 DAILYLAW 173552 (ALL)

SHIV KUMAR @ SHIVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

BAIL/12915/2025 · 2025-12-18

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. - 12915 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Anurag Singh, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.223 of 2024, under Section 87, 137(2), 64(1) BNS & Section 3/4 of POCSO Act, P.S. Patti, District Pratapgarh. 3. In terms of the FIR, allegations were levelled that daughter of the informant was enticed by some unknown person. Subsequently, in her statement under Section 183 BNSS, the victim did not support the prosecution and stated that she had gone alongwith the applicant and both of them also married. Tentative age of the victim is around 17 years, although, there is no definite document with regard to the exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the statement, the applicant who is in custody since 30.07.2025 is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Shiv Kumar @ Shiva 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: Versus Counsel for Applicant(s) : Aditya Tiwari Counsel for Opposite Party(s) : G.A. Shiv Kumar @ Shiva .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) (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. December 18, 2025 nishant BAIL No. 12915 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench