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2025 DAILYLAW 173865 (ALL)

PRAVESH SAINI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

/7041/2025 · 2025-11-19

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. - 7041 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.0117 of 2025 under section 65(1), 351(3) BNS and section 3/4 POCSO Act, and section 3(2)(v) SC/ST Act, P.S. Bakshi Ka Talab, District Lucknow. 3. In terms of the FIR, it was alleged that, on 04-04-2025, the daughter of the informant, aged about 13 years, met with the applicant and was taken behind a temple and was misbehaved with. No allegation of rape was lavelled. However, in the statement under section 180, the victim alleged that a wrong was also committed. However, in the statement under section 183, she admitted that she had gone along with one Anurag for visiting the park and the applicant came and committed wrong on her. The medical record does not corroborate the allegations. 4. Considering the huge difference in the statements and the FIR version, where no allegation of rape was levelled coupled with the fact that the medical on record not corroborating the allegations, the applicant who is in custody since 24-04-2025 and has no criminal history and is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Pravesh Saini be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two Versus Counsel for Applicant(s) : Rajeev Singh, Gaya Prasad Counsel for Opposite Party(s) : G.A., Aseem Goswami, Ram Mohan Mishra Pravesh Saini .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) 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 19, 2025 VNP/- BAIL No. 7041 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench