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2025 DAILYLAW 179505 (ALL)

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

/11476/2025 · 2025-11-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11476 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Ram Kewal Tripathi, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.346 of 2025, under Section 137(2), 87, 61(2)(A), 70(2), 127(6) BNS, Section 5G/6(1) of POCSO Act & Section 3/5(3) of U.P. Prohibition of Unlawful Conversion of Religion Act, P.S. Kotwali Dehat, District Balrampur. 3. In terms of the FIR, allegations were levelled that daughter of the informant aged about 17 years was enticed by the accused Shabeer alongwith his accomplice including the applicant. In her statement under Section 180 BNSS, the victim stated that the co-accused Shabeer used to work at the shop of father of the victim and used to talk to her on telephone and also used to propose her for marriage and thereafter, the co-accused Shabeer came alongwith the two accomplice and were taking her in a four wheeler on the ground that he would marry when, subsequently, the police caught them. No allegation of rape was levelled. However, in the statement under Section 183 BNSS, huge allegation of physical relations with Shabeer was alleged; as regards the applicant, allegations of inappropriately touching her were levelled. Medical on record does not indicate presence of any injury. Versus Counsel for Applicant(s) : Dhananjai Kumar Tripathi Counsel for Opposite Party(s) : G.A. Rehan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the two statements which are highly improbable and the medical not corroborating coupled with the fact that one of the co-accused with different allegation has been enlarged on bail, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Rehan 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. November 26, 2025 nishant BAIL No. 11476 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench