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2025 DAILYLAW 177973 (ALL)

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

BAIL/11116/2025 · 2025-11-18

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. - 11116 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and Shri Deeksha Jaiswal, learned counsel for the informant whose vakalatanama filed today is taken on record. 2. The applicant seeks enlargement on bail in FIR No.317 of 2025, under Sections 65(1), 351(3), 352 of B.N.S. and Section 3/4 of POCSO Act, P.S. Tandiyawan, District- Hardoi. 3. In terms of FIR, it has been alleged that the daughter of the informant aged about 13 years was mentally challenged. On 21.07.2025 at about 7:00 PM had gone outside when the applicant came and committed wrong with her. The FIR was lodged on 23.07.2025 at about 6:10 PM. In the statement of victim recorded under Section 180 BNSS, the victim has supported the prosection version but she could not disclose the date and time of the alleged incident. In the statement of victim recorded under Section 183 BNSS, she reiterated the same version. The medical of the victim was also conducted on 24.07.2025 which does not corroborate with the allegation levelled in the FIR.. There is no definite document with regard to the exact age of the victim. 4. Learned AGA and learned counsel for the informant has opposed the bail application. 5. Considering the facts and circumstances of the case, statement of Versus Counsel for Applicant(s) : Bhagwati Prasad Nigam, Anurag Shukla Counsel for Opposite Party(s) : G.A. Anish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) victim, medical on record coupled with the fact that the applicant is in jail since 30.07.2025 having no criminal antecedents, he is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Anish 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 she 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 18, 2025 V. Sinha BAIL No. 11116 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench