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2025 DAILYLAW 179166 (ALL)

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

/6970/2025 · 2025-11-19

Pankaj Bhatia

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6970 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. Sri Anuj Dayal appears for the informant. 2. The accused-applicant seeks bail in FIR/Case Crime No.212 of 2025 under section 70(2), 115(2), 351(3) BNS and 5g/6 POCSO Act, P.S. Laharpur, District Sitpaur. 3. In terms of the FIR, it was alleged that, on 09-04-2025, on account of rain at night, certain water was collected in front of the home, for which certain tiles were removed, which was objected by all the accused named in the FIR. Subsequently, when the nephew tried to intervene, he was beaten very badly. It was also alleged that on 24.11.2024, two of the co-accused had committed rape on the daughter of the informant. The version of the victim was recorded under sections 180 and 183, wherein she alleged that, on 24-11- 2024, the applicant and one co-accused had committed wrong on her. The tentative age of the victim is around 15 years. 4. Considering the substantial delay in lodging the FIR of about 5 months without there being any valid explanation, a case for bail is made out more so when the applicant is in custody since 30.05.2025 and in the criminal history of two cases, the applicant is on bail. Thus the bail application is allowed. 5. Let the applicant Rohit Mishra be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable Versus Counsel for Applicant(s) : Ratnesh Kant Agnihotri Counsel for Opposite Party(s) : G.A., Anuj Dayal, Reshu Sharma Rohit Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. November 19, 2025 VNP/- BAIL No. 6970 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench