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2025 DAILYLAW 173779 (ALL)

SANJAY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

/11758/2025 · 2025-11-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11758 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Ram Lakhan, who has filed Vakalatnama on behalf of the complainant. The Vakalatnama is taken on record. 2. The applicant seeks enlargement on bail in FIR No.483 of 2025, under Section 65(1) of BNS and Section 5(N)/ 6 of POCSO Act, Police Station Achalganj, District Unnao. 3. In terms of the FIR, it was alleged that the children of the informant had come for vacation when the applicant had caught hold of the daughter of the informant aged about 14 years and wrong was committed. The incident is said to have occurred on 01.07.2025 and the FIR was lodged on 10.09.2025. Subsequently, in the statement under Section 180 of BNS, the allegation of insertion of finger in the private part was also levelled. The victim refused to undergo medical examination. 4. Learned A.G.A. as well as learned Counsel for the complainant vehemently opposed the bail prayer. 5. Considering the huge variance in the FIR version and the statements and the refusal of the victim to undergo medical examination and the fact that the applicant has no criminal antecedents and is languishing in jail since 30.09.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Pradyumn Shukla Counsel for Opposite Party(s) : G.A. Sanjay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Sanjay be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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 28, 2025 akverma BAIL No. 11758 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench