MONU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/10769/2025 · 2025-11-13
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175732 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175732 (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. - 10769 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.226 of 2025 under sections 65(1), 331(6) BNS, section 3/4(2) POCSO Act, and section 3(2)(va) SC & ST Act, P.S. Behta Gokul, District Hardoi. 3. In terms of the FIR lodged by the victim herself, it was stated that on 23.07.2025 when the victim was alone at home, the applicant came and try to remove her cloth and on her shouting, the applicant was apprehended and police was informed. No allegation of rape were levelled. However, in the statement under sections 180 and 183 BNSS, the victim alleged the commission of the rape also. The medical on record does not corroborate the allegation of use of force. 4. The counsel for the applicant draws my attention to the proximity of the applicant with the victim, which is evident from the photographs and the chat etc in between the applicant and the victim. There is no definite document with regard to the exact age of the victim although in the medical, the tentative age of the victim is reflected as 15 years. 5. Considering the absence of allegation of rape in the FIR by the informant who has herself lodged the FIR and the medical not corroborating the allegations, the applicant who is in custody since 31.07.2025 and has no Versus Counsel for Applicant(s) : Ramakar Shukla, Abhinav Singh Counsel for Opposite Party(s) : G.A. Monu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
criminal history is entitled to bail. Thus the bail application is allowed. 6.
Let the applicant Monu 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 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 VNP/- BAIL No. 10769 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench