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2025 DAILYLAW 174877 (ALL)

JUBAID ABBASI v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO. AND 3 OTHERS

BAIL/4479/2025 · 2025-11-13

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4479 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. 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. 2. The applicant seeks enlargement on bail in FIR No.39 of 2025, under Sections 87, 137(2), 65(1) of BNS; Section 5L/ 6 of POCSO Act and Section 3/5(1) of Hindu Dharm Parivartan Adhiniyam, Police Station Rampur Kalan, District Sitapur. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 15 years was alone at home when the three accused named in the FIR had enticed her. Subsequently, in the statement under Section 180 of BNSS, the victim stated that the applicant had called her on telephone and thereafter she went and was taken by use of force in a vehicle. It was also alleged that the religion of the victim was converted and forcibly the marriage was solemnized. A similar statement was given under Section 183 of BNSS. The said statement under Section 183 of BNSS was given on 11.03.2025 after about one month of the incident. The tentative age of the victim is around 16 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that there is no proceedings for cancellation of the Versus Counsel for Applicant(s) : Sanjiv Kumar Singh, Bhupendra Kumar Bajpai, Rajesh Kumar Awasthi Counsel for Opposite Party(s) : G.A. Jubaid Abbasi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And 3 Others .....Opposite Party(s) alleged marriage; the victim had gone on the calling of the applicant from her home and the fact that the applicant has no criminal antecedents and is languishing in jail since 12.03.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed . 6. Let the applicant Jubaid Abbasi 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 13, 2025 akverma BAIL No. 4479 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench