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2025 DAILYLAW 175231 (ALL)

LAVKUSH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. AND 3 OTHERS

BAIL/6374/2025 · 2025-11-17

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6374 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Saurabh Srivastava, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.154 of 2025, under sections 65(2) BNS, Sections 5m/6 POCSO Act, P.S. Lalganj, District Raebareli. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter in law aged about 10 years had gone out of her home where the applicant misbehaved with her. No allegation of penetrative sexual assault was levelled. In the statement of victim under Sections 180 and 183 BNSS no allegation of penetrative sexual assault was levelled. Subsequently, during trial the victim has been declared hostile. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant who is in jail since 8.4.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Virendra Kumar Bhasker, Abhishek Yadav, Amar Singh, Chandan Prasad, Jitendra Kumar Verma Counsel for Opposite Party(s) : G.A., Km.Pratibha Vaish, Saurabh Srivastava Lavkush .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And 3 Others .....Opposite Party(s) 6. Let the applicant Lavkush 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. November 17, 2025 J. K. Dinkar BAIL No. 6374 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench