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2025 DAILYLAW 176269 (ALL)

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

BAIL/2682/2025 · 2025-11-03

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. - 2682 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.309 of 2024, under Sections 65(2) of BNS and Section 5/6 of POCSO Act, Police Station Nagram, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 6 years was enticed by the applicant and tried to commit wrong on her. Subsequently, the statement of the victim was record, wherein, she had not supported the prosecution story even the informant has not supported the prosecution story. The medical of the victim was refused. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the subsequent development recorded during trial and the fact that the applicant has no criminal antecedents and is languishing in jail since 29.11.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Mahtab Ali be released on bail in the aforesaid first Versus Counsel for Applicant(s) : Vimal Kishor Singh, Alok Tripathi, Bajhul Quamar Siddiqui, Pawan Kumar Singh, Premkant Counsel for Opposite Party(s) : G.A. Mahtab Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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 3, 2025 akverma BAIL No. 2682 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench