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2025 DAILYLAW 178733 (ALL)

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

BAIL/759/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 759 of 2025 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.250 of 2024, under Section 65(2), 351(3) BNS & Section 5m/6 of POCSO Act, P.S. Nasirabad, District Raebareli. 3. In terms of the FIR lodged through an application under Section 175(3) BNSS on 22.08.2024 it was alleged that on 09.07.2024 daughter of the informant aged about 11 years had gone out of home when the applicant caught hold of her and committed wrong on her. In the statement made before the medical authorities, the victim stated and alleged the insertion of finger in the private part. Medical report on record found the hymen to be intact. 4. Learned AGA has opposed the bail application. 5. Considering the medical report not corroborating the allegation of a penetrative sexual assault as defined under Section 3/5 of POCSO Act, the applicant who is in custody since 14.10.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Ram Pratap Yadav, Dhananjai Kumar Tripathi, Kajol Counsel for Opposite Party(s) : G.A. Chhedi Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) 6. Let the applicant Chhedi Lal 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. October 30, 2025 nishant BAIL No. 759 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench