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2025 DAILYLAW 178583 (ALL)

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

BAIL/6882/2025 · 2025-11-25

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6882 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit is taken on record. 2. Heard Shri Vishal Mishra and Shri Salil Tripathi, learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No.147 of 2025, under Section 137(2), 87, 64 BNS read with Section 3/4 of POCSO Act, P.S. Mahmudabad, District Sitapur. 4. In terms of the FIR, allegations were levelled that daughter of the informant aged about 15 years was enticed by the applicant. Subsequently, in her statement under Section 180 BNSS, victim stated that she had gone alongwith the applicant to Jaipur and wrong was done to her. However, in the statement under Section 183 BNSS, victim stated that she was made to drink liquor and thereafter, she was taken to Rajasthan on a train. There is no definite document with regard to the exact age of the victim. 5. Learned AGA has opposed the bail application. 6. Considering the said statement as recorded above, the applicant who is in custody since 20.05.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Vishal Mishra, Anurag Mishra, Ragini Pandey, Salil Tripathi, Sudhir Kumar, Vinayak Mishra Counsel for Opposite Party(s) : G.A. Sartaj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 7. Let the applicant Sartaj 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 25, 2025 nishant BAIL No. 6882 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench