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2025 DAILYLAW 174257 (ALL)

DINESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10548/2025 · 2025-10-31

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10548 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. 518 of 2025, under Sections 64(1), 333, 115(2), 351(3), 117(2) BNS, P.S. Bangarmau, District Unnao. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 20.8.2025 the accused came to home of informant and started touching daughter of informant inappropriately and when she resisted they were threatened and thereafter hit by lathi, danda etc. No allegations of penetrative sexual assault were levelled. However in the statement under Section 183 BNSS for the first time the allegation of insertion of finger in private parts was levelled. Medical on record does not corroborate the allegations. The FIR in question is a cross FIR and a FIR was lodged at the instance of applicant also. The victim is aged about 20 years. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the FIR allegations and the statements not corroborated by medical, however, without commenting upon the merits of the case, the applicant who is in jail since 14.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Dinesh Pratap Singh Counsel for Opposite Party(s) : G.A. Dinesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Let the applicant Dinesh 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. October 31, 2025 J. K. Dinkar BAIL No. 10548 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench