SHAVEJ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/8067/2025 · 2025-11-25
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174119 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174119 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8067 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 applicant seeks enlargement on bail in FIR No. 44 of 2025, under Section 65(2) of BNS and 5M/6 of POCSO Act registered at P.S. Sarojini Nagar, District Lucknow. 3. Learned counsel for the applicant argues that the FIR in question was lodged alleging that the daughter of the informant aged about six years was taken by the applicant and wrong was committed on her. In the statement under Section 180 BNSS, the victim stated that wrong was committed on her. The medical on record does not indicate the presence of any injury whatsoever. Even the hymen was found to be intact although mild tenderness/swelling was seen near the labiya majora. Even the statement of the doctor does not indicate the happening of penetrative sexual assault as defined under Section 3/5 of the POCSO Act. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant who is in jail since 07.02.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Abhishek Srivastava Counsel for Opposite Party(s) : G.A. Shavej .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
6. Let the applicant Shavej 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 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 25, 2025 Anurag BAIL No. 8067 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench