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2025 DAILYLAW 175198 (ALL)

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

BAIL/6079/2025 · 2025-11-06

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6079 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.143 of 2024, under Sections 137(2), 65(1) of BNS and Section 5, 6 of POCSO Act, Police Station Bandhuwa Kalan, District Sultanpur. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 16 years was enticed by some unknown person. Subsequently, in the statement under Section 180 of BNSS, the victim did not support the prosecution case and stated that both of them had married. There is no definite document with regard to the exact age of the victim, which has to be seen at the time of trial. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the two statement of the victim and the medical report not corroborating the allegations and the fact that the applicant has no criminal antecedents and is languishing in jail since 28.03.2025, 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 Mukesh Kumar be released on bail in the aforesaid Versus Counsel for Applicant(s) : Vimal Kumar Counsel for Opposite Party(s) : G.A. Mukesh Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s) 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 6, 2025 akverma BAIL No. 6079 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench