IRSHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/6883/2023 · 2025-11-12
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177448 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177448 (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. - 6883 of 2023
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.329 of 2022, under Section 376, 506 IPC & Section 3/4 of POCSO Act, P.S. Lambhua, District Sultanpur.
3. In terms of the FIR it was alleged that daughter of the informant aged about 12 years had gone to see a fair when the applicant took her to a different place and committed wrong on her. In the statement under Section 164 Cr.P.C., a similar statement was given, however, before the medical authorities, the victim stated that attempt was done and nothing could be done by the applicant. Medical report on record does not indicate presence of any injury.
4. Learned AGA has opposed the bail application.
5. Considering the huge variance in the two statements coupled with the fact that there is no definite material with regard to the exact age of the victim, the applicant who is in custody since 20.09.2022 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Chandra Bhooshan, Saurabh Singh Counsel for Opposite Party(s) : G.A., Shameem Jahan, Arti Shukla, Shamim Jahan Irshad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
6. Let the applicant Irshad 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. November 12, 2025 nishant BAIL No. 6883 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench