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2025 DAILYLAW 175564 (ALL)

IMTIYAAZ v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS

BAIL/11752/2025 · 2025-11-28

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. - 11752 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.105 of 2025, under Sections 137(2), 65(1) of BNS; Section 3/4 (2) of POCSO Act and Section 3(2)V, 3(2)Va of SC/ST Act, Police Station Manikpur, District Pratapgarh. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 13 years was enticed by the applicant. Subsequently, in the statement under Section 180 of BNSS, the victim stated that she was scolded and as such, she left home and went to Manikpur station and thereafter along with the aunt of the village and one other, she had gone to Unnao by train. It was also alleged that she stayed at Unnao with them. In the statement under Section 183 of BNSS, the allegation of rape was levelled against the applicant first time. The tentative age of the victim, as per the medical report, is around 17-18 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that the victim had gone to Unnao on her own and stayed there and the fact that the applicant has no criminal antecedents and is languishing in jail since 14.06.2025, I am of the view that the Versus Counsel for Applicant(s) : Brij Bhushan Singh, Pranjal Apurva, Sandeep Kumar Mishra Counsel for Opposite Party(s) : G.A. Imtiyaar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Imtiyaar 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 28, 2025 akverma BAIL No. 11752 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench