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2025 DAILYLAW 178830 (ALL)

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

BAIL/5600/2025 · 2025-11-11

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. - 5600 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. 489 of 2024, under sections 137(2), 65(1), 351(3) BNS and Section 4(2) POCSO, P.S. Payagpur, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 14 years was missing. No one was named in the FIR. In her statement under Section 183 BNSS the victim stated that on 28.10.2024 she was taken by the applicant on his bike who committed wrong on her. Subsequently she stayed for four days at Bahraich and thereafter stayed for 7 days and again seven days at separate places. She had also gone to Lucknow. The tentative age of the victim is around 15 years. There is no definite document with regard to exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the statement coupled with the fact that the victim has not supported the prosecution story in her statement which has been recorded by the court concerned and handed over to the Bar, however, without commenting upon the merits of the case, the applicant who is in jail since 19.5.2025 and has no criminal history is entitled to be enlarged on bail. In Versus Counsel for Applicant(s) : Sandeep Singh Counsel for Opposite Party(s) : G.A., Rahul Kumar Shukla, Ratnesh Singh, Shivam Srivastava Laxmikant Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) view thereof, the application is allowed. 6. Let the applicant Laxmikant Pandey 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 11, 2025 J. K. Dinkar BAIL No. 5600 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench