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2025 DAILYLAW 179190 (ALL)

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

BAIL/10260/2025 · 2025-11-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10260 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Waris Farooqui, learned counsel for the informant, whose vakalatnama filed today is taken on record. 3. The accused-applicant seeks bail in FIR/Case Crime No.421 of 2025 under Sections 65(1), 137(2), 87, 351(2) BNS and Section 3/4 of POCSO Act, P.S.-Madiyaon, District- Lucknow. 4. In terms of the FIR, it was alleged that the daughter of the informant, aged about 15 years, went missing. Subsequently, apprehension was raised that the accused no.1 had enticed her. In the statement recorded under Section 180 BNSS, victim made allegations against the co-accused Suhail. The applicant was not named. However, in the statement recorded under Section 183 BNSS, the victim took the name of the applicant stating that he was driving the auto, which took her to the hotel. Medico- legal examination report does not corroborate with the prosecution story. 5. Learned AGA and learned counsel for the informant have opposed the bail application. 6. Considering the huge variance in the statements of victim as well as medico-legal examination report coupled with the fact that the applicant is in custody since 06.08.2025 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view Versus Counsel for Applicant(s) : Sumit Chauhan Counsel for Opposite Party(s) : G.A. Bhanu Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) thereof, the application is allowed. 7. Let the applicant- Bhanu Kumar be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 3, 2025 V. Sinha BAIL No. 10260 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench