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2025 DAILYLAW 176890 (ALL)

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

BAIL/4324/2025 · 2025-11-13

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. - 4324 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Kaushal Kishore Tewari, 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.49 of 2025, under Sections 64(1), 115(2) of BNS and Section 3/4 of POCSO Act, Police Station Singahi, District Kheri. 3. In terms of the FIR, it was alleged that on 06.03.2025 at about 2:00 PM, the applicant was making physical relation with the daughter of the informant aged about 17 years and when the reached and opposed, the applicant beaten the informant and the victim. The FIR was lodged on 07.03.2025. Subsequently, in the statement under Section 183 of BNSS, the victim admitted that she knew the applicant as he was a labour. The medical on record does not corroborate the allegation. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statements of the victim, who is around 17 years and the fact that the applicant is languishing in jail since 08.03.2025 and has criminal history of three cases, which are minor in nature, I am of the view that the applicant is entitled to be released on bail. Accordingly, the Versus Counsel for Applicant(s) : Dheerendra Kumar Singh, Dheerendra Kumar Singh, Janendra Kumar Verma, Kaushal Kishore Tewari, Rajnish Maurya, Uday Kumar Counsel for Opposite Party(s) : G.A. Dilawar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) bail application is allowed. 6. Let the applicant Dilawar 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 13, 2025 akverma BAIL No. 4324 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench