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2025 DAILYLAW 174234 (ALL)

SALMAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS

BAIL/5650/2025 · 2025-11-12

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5650 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 3. The applicant seeks enlargement on bail in FIR No.25 of 2025, under Sections 115(2), 271, 272, 286, 65(2) of BNS and Section 5m/ 6 of POCSO Act and Section 77 of Juvenile Justice Act, Police Station Aminabad, District Lucknow. 4. In terms of the FIR, it was alleged that the daughter of the informant was left with her relatives and subsequently, she informed that she was administered liquor and thereafter wrong was also committed on her. 5. In the light of the said allegation, the Counsel for the applicant draws my attention to the statement of the victim aged about 5 years that wrong was also committed on her. She draws my attention to the medical report on record, which indicates no injury and even hymen was found to be intact. It is further argued that the same informant had killed her own daughter, for which, she is suffering jail. It is also stated that the same informant had lodged an FIR against her matrimonial family. Versus Counsel for Applicant(s) : Punit Kumar Yadav, Ishika Srivastava, Sangeeta Singh, Simi Jha Counsel for Opposite Party(s) : G.A. Salman .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Learned A.G.A. vehemently opposed the bail prayer. 7. Without going into the contention with regard to the killing of the daughter by the informant itself, the fact remains that the FIR allegation is not corroborate the allegation of sexual assault and the fact that the applicant has no criminal antecedents and is languishing in jail since 14.05.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 8. Let the applicant Salman 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 12, 2025 akverma BAIL No. 5650 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench