ANIL JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
/12184/2025 · 2025-12-09
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179456 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179456 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12184 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 Sri Prakash Verma, who has filed Vakalatnama on behalf of the complainant. The Vakalatnama is taken on record. 2. The applicant seeks enlargement on bail in FIR No.134 of 2024, under Sections 70(2), 137(2), 351(3) of BNS; Section 3(2)(v) of SC/ST Act and Section 5/6 of POCSO Act, Police Station Sadullanagar, District Balrampur. 3. In terms of the FIR, allegations were levelled that the daughter of the informant aged about 13 years was enticed by the applicant along with his accomplice and thereafter attempt to commit wrong was also done and she was inappropriate touched and subsequently, the victim somehow manage to escape. In the statement under Section 180 of BNSS, the victim stated that she used to talk with the applicant and on one day, she was caught by the mother while talking to the applicant on telephone and was beaten her by her parents. She also stated that thereafter, she went along with the applicant on a motorcycle on the pretext of marriage made by the applicant. She also stated that both of them had committed wrong on her. In the statement under Section 180, she also stated that on the false pretext of marriage, the victim was taken by motorcycle and was sitting in between the two accused. Versus Counsel for Applicant(s) : Rahul Kumar Shukla, Vivek Srivastava Counsel for Opposite Party(s) : G.A. Anil Jaiswal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s)
4. In the light of the aforesaid, the submission of the Counsel for the applicant is that in fact, an application was given by the mother of the victim on 10.10.2024 wherein she stated that the daughter of the informant used to talk to the applicant and behaved in an inappropriate manner and was always willing to run away from the home with the applicant. The applicant was also granted add interim protection of arrest stay vide order dated 23.11.2024 passed in Criminal Misc. Writ Petition No.8783 of 2024. There is no definite document with regard to the exact age of the victim. 5. Learned A.G.A. vehemently opposed the bail prayer. 6.
Considering the two statements of the victim and the fact that the victim travelled along with the applicant and his accomplice to various places which is fortified from the letter of the informant prior to lodging of the FIR and the fact that the applicant has no criminal antecedents and is languishing in jail since 03.11.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Anil Jaiswal be released on bail in the aforesaid 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. December 9, 2025 akverma BAIL No. 12184 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench