MOHIT KUMAR @ GOLU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 3 OTHERS
BAIL/10828/2025 · 2025-11-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175273 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175273 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10828 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard Shri Shubham Tiwari and Somu Tiwari, learned counsels for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the complainant despite notice. 2. The applicant seeks enlargement on bail in Case Crime/FIR No.261 of 2025, under Sections 137(2), 87, 64(1), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023, Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012, Sections - 3(1)da, 3(1)dha, 3(2)(5) of SC/ST Act, Police Station - Neemgaon, District Lakhimpur Kheri. 3. Learned counsel for the applicant submits that in terms of the FIR it was alleged that the daughter of the informant aged about seventeen and half years was enticed away by the applicant. Subsequently, in the statement under Section 180 BNSS, the victim did not support the story of prosecution and stated that nothing wrong had happended to her. She disclosed her age as eighteen years. However, in the statement under section 183 BNSS, the victim stated that physical relations were formed, on various occasions. 4. Learned AGA has opposed the bail application. 5. Considering the age of the victim and the statement that relations were formed on various occasion coupled with the fact that the applicant is in custody since 29.07.2025 and has no criminal antecedent, I am of the view Versus Counsel for Applicant(s) : Manoj Kumar Mishra, Shubham Tiwari, Somu Tiwari Counsel for Opposite Party(s) : G.A. Mohit Kumar @ Golu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others .....Opposite Party(s)
that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Mohit Kumar @ Golu be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.
20,000/- (Twenty Thousand) each of the like amount 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 10, 2025 Mohit Singh/- BAIL No. 10828 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench