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2025 DAILYLAW 176036 (ALL)

BAKAWAT ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/5666/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5666 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA, Sri Vijay Kumar Pandey, Advocate, holding brief of Sri Vishva Nath Pratap Singh, learned counsel for the private opposite party-complainant, and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 30 of 2025, under Sections 137(2), 87, 65(1), B.N.S. and Section 3(2)V & 5/6, POCSO Act, P.S. Shreedattganj, District Balrampur. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that the daughter of the informant, aged about 17 years, went missing and was enticed away by some unknown persons. Subsequently, in the statement recorded under Section 180 BNSS, the victim did not support the prosecution's story and stated that after being scolded by her mother, she left her home and went to Gonda, then to Lucknow, and finally to Kota at the instance of the applicant. The tentative age of the victim is around 17 years, as per the FIR. 4. Learned AGA has opposed the bail application. 5. Considering the victim's statement, the applicant, who has been in custody since December 24, 2024, and has no criminal history, without commenting upon the merits of the case, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Satyendra Kumar Tripathi, Alok Singh Counsel for Opposite Party(s) : G.A., Vishva Nath Pratap Singh Bakawat Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Bakawat Ali 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. October 30, 2025 A.Nigam BAIL No. 5666 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench