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2025 DAILYLAW 174412 (ALL)

HAUSILA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/11163/2025 · 2025-11-17

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11163 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.142 of 2025, under sections 115(2), 352, 351(3), 64(1), BNS, P.S. Karaundi Kala, District Sultanpur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the applicant tried to misbehave with informant on 5.7.2025 when the husband of the applicant was sleeping nearby. No allegations were levelled except that she was beaten up subsequently. In her statement under Section 180 BNSS however allegations were levelled that finger was inserted in her private parts. The victim refused to undergo medial examination. The tentative age of the victim is around 45 years and the applicant is aged about 66 years. 4. Learned AGA has opposed the bail application. 5. Considering the fact that victim refused to undergo medial examination and huge difference in statement with that of FIR version, however, without commenting upon the merits of the case, the applicant who is in jail since 13.8.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Hausila Prasad be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Anil Kumar Mishra Counsel for Opposite Party(s) : G.A. Hausila Prasad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) 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 17, 2025 J. K. Dinkar BAIL No. 11163 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench