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2025 DAILYLAW 175834 (ALL)

MO. MOHSIN v. STATE OF UP THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/8573/2025 · 2025-11-25

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. - 8573 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.95 of 2025, under Sections 65(2), 351(2) of BNS and Section 5M/ 6 of POCSO Act, Police Station Sadatganj, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant was taken by the applicant and misbehaved with her. It was also stated that the cloths of the victim was torn and somehow, the informant reached, the victim could be saved. In the statement under Section 180 of BNSS, the only allegation of misappropriation and improper behaviour was levelled. The internal examination of the victim was refused. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the allegation of the FIR and the statements; prima facie, there is no material to suggest the commission of penetrative sexual assault as defined under Section 3/5 of POCSO Act and the fact that the applicant has no criminal antecedents and is languishing in jail since 20.04.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Brijendra Kumar Tiwari, Brijendra Pratap Singh Counsel for Opposite Party(s) : G.A. Mo. Mohsin .....Applicant(s) State Of Up Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Mo. Mohsin 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 25, 2025 akverma BAIL No. 8573 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench