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2025 DAILYLAW 173801 (ALL)

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

BAIL/10618/2025 · 2025-11-04

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10618 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the complainant despite notice. 2. The applicant seeks enlargement on bail in Case Crime No.199 of 2025, under Sections 87, 137(2), 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4(2) of the Protection of Children from Sexual Offences Act, 2012, Police Station - Bhiti, District - Ambedkar Nagar. 3. Learned counsel for the applicant submits that in terms of the FIR it was alleged that the daughter of the informant was enticed away by the applicant. Subsequently, in the statement, the victim did not support the prosecution's version and also stated that both of them are married. The tentative age of the victim is around 17 years. 4. Learned AGA has opposed the bail application. 5. Considering statement of the victim coupled with the fact that the applicant is in custody since 04.09.2025 and has no criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Shiva Kumar @ Shiva Thakur be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Shiva Kumar @ Shiva Thakur .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 4, 2025 Mohit Singh/- BAIL No. 10618 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench