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2025 DAILYLAW 177580 (ALL)

ASHOK KUMAR v. STATE OF U.P. THRU. SECY. DEPTT. HOME LKO. AND 3 OTHERS

/1428/2025 · 2025-11-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1428 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.279 of 2023, under Sections 363, 366, 376(3) of IPC and Section 5(l)/ 6 of POCSO Act, Police Station Raniganj, District Pratapgarh. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 13 years was enticed by the applicant. Subsequently, in the statement under Section 161 of Cr.P.C., the victim admitted that on account of threat, she had gone along with the applicant at Bombay and physical relations were formed. Somewhat similar statement was given under Section 164 of Cr.P.C. As per the medical report, the age of the victim is around 17 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the two statements of the victim that she had gone along with the applicant at Bombay and stayed there for 12 days; the tentative age of the victim is around 17 years and the fact that the applicant has no criminal antecedents and is languishing in jail since 03.12.2023, 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) : Akhilesh Pratap Singh Counsel for Opposite Party(s) : G.A. Ashok Kumar .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Ashok Kumar 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 19, 2025 akverma BAIL No. 1428 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench