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2025 DAILYLAW 179333 (ALL)

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

/6203/2025 · 2025-12-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6203 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. 48 of 2025, under sections 64(2)(एफ), 64(2)(एम), 115(2), 351(3) BNS and Sections 5( एल)/6 POCSO Act, P.S. Thakurganj, District Lucknow. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that informant was married to the applicant in the year 2000 and were blessed with three children. The second daughter of the informant is aged about 17 years and allegations were levelled that for the last three years the applicant was committed wrong on his own daughter, the second daughter of the informant. It was stated on on 21.1.2025 also physical relation were formed with daughter by the applicant against her consent. The applicant is not having cordial relationship with informant and disputes are going in between them. The statement of victim under Section 183 BNSS reiterates the allegations made in the FIR. The medical on record does not corroborate the allegations. The FIR in question was lodged on 31.1.2025. The tentative age of the victim is around 17 years. 4. Learned AGA has opposed the bail application. 5. Considering the baldness of the allegations and the improbability of allegations arising out of marital discord in between them and medical on Versus Counsel for Applicant(s) : Ravendra Pratap Singh, Ajay Kumar Shukla, Mukesh Kumar Counsel for Opposite Party(s) : G.A. Kamlesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) record not corroborating the allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 1.2.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Kamlesh Kumar 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. December 9, 2025 J. K. Dinkar BAIL No. 6203 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench