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2025 DAILYLAW 174029 (ALL)

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

BAIL/2465/2025 · 2025-11-04

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2465 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Whereas, no one has put in appearance on behalf of the informant despite the notice. 2. The applicant seeks enlargement on bail in FIR No.265 of 2024, under Sections 363, 366, 376(3), 376(2)N IPC and Sections 5(J)(2)/6, 5(L)/6 POCSO Act and Section 3(2)5 of SC/ST Act, P.S.- Kheri, District- Lakhimpur Kheri. 3. In terms of the FIR, it was alleged that a missing person report was lodged alleging that the daughter of the informant aged about 14 years, was enticed away by the applicant. Subsequently, in the statement of victim recorded under Section 164 Cr.P.C., she has stated that she was in love with the applicant for about a year and had gone with him and stayed with him for one month. It was also found that the victim was pregnant. The tentative age of the victim is 15 years, 11 months. 4. Learned AGA has opposed the bail application. 5. Considering the material on record and the statement of victim, in which, she has admitted that she was in love with the applicant coupled with the fact that the applicant is in custody since 26.09.2024, having criminal antecedent of one case, in which, he is on bail, this Court is of the view that the applicant is entitled to be enlarged on bail. In view Versus Counsel for Applicant(s) : Lalji Prasad Shukla Counsel for Opposite Party(s) : G.A. Pushpendra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) thereof, the application is allowed. 6. Let the applicant Pushpendra 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: (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 she 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 V. Sinha BAIL No. 2465 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench