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2025 DAILYLAW 179338 (ALL)

MOHD. RASHID v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND 3 OTHERS

BAIL/6120/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6120 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.130 of 2025, under Sections 65(1) of BNS and Section 3/4 of POCSO Act, Police Station Kotwali Dehat, District Sultanpur. 3. In terms of the FIR lodged on 06.04.2025, it was alleged that on 03.04.2025, the daughter of the informant aged about 15 years was beaten by the applicant and wrong was committed on her. The medical examination of the victim does not corroborate the allegation. The tentative age of the victim is around 15 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the medical report not corroborating the allegations; there being substantial delay in lodging the FIR and the fact that the applicant has no criminal antecedents and is languishing in jail since 08.04.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Mohd. Rashid be released on bail in the aforesaid Versus Counsel for Applicant(s) : Atiya Abid, Girjesh Kumar Yadav, Safiya Abid, Ved Prakash Yadav Counsel for Opposite Party(s) : G.A. Mohd. Rashid .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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. October 30, 2025 akverma BAIL No. 6120 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench