KAMLESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO. AND 3 OTHERS
/3111/2024 · 2025-11-19
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177694 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177694 (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. - 3111 of 2024 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 S.T. No.1901 of 2023 arising out of Case Crime No.367 of 2023, under Sections 376, 452 IPC and Section 5(ka)/ 6 of POCSO Act, Police Station Kandhai, District Pratapgarh. 3. In terms of the FIR, it was alleged that the daughter of the informant, who is mentally challenged, was raped by the applicant. The tentative age of the victim is around 19 years. 4. The Counsel for the applicant argues that the applicant is in custody since 09.10.2023 and only one witness out of 15 has been examined so far. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the pretrial detention suffered by the applicant of almost two years and there being no likelihood of the trial being concluded in near future and the applicant has no criminal antecedents, 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) : Vishal Singh Counsel for Opposite Party(s) : G.A. Kamlesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And 3 Others .....Opposite Party(s)
7. Let the applicant Kamlesh 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. 8. The Counsel for the applicant is permitted to correct the typographical error in the memo of bail application.
November 19, 2025 akverma BAIL No. 3111 of 2024 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 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