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2025 DAILYLAW 179573 (ALL)

PRASHANT DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/11689/2025 · 2025-12-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11689 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.439 of 2025, under Sections 65(1), 123, 351(3), 61(2) of BNS and Section 5/6 of POCSO Act, Police Station P.G.I., District Lucknow. 3. In terms of the FIR, allegations were levelled that the daughter of the informant aged about 14 years was enticed by the applicant and thereafter, the entire family had mixed something in the cold drink and physical relations were formed with the convenience of all the family members and thereafter on the false pretext of marriage, physical relations were formed with the help of entire family. In the statement under Sections 180 of BNSS, the victim stated that the applicant blackmailed her on the pretext of committing suicide and on the said threat, physical relations were formed in between them. In the statement under Section 183 of BNSS, the allegations were to suggest that the wrong was committed and she also suffered bleeding. The medical on record does not corroborate the allegation. There is no definite document with regard to the exact age of the victim. 4. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Amar Singh Counsel for Opposite Party(s) : G.A. Prashant Dubey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 5. Considering the version of the FIR and the two statements of the victim, prima facie, the relationship lasted in between the applicant and the victim over a substantial period of time; the allegation against the entire family members of facilitating for forming physical relations is highly improbable and the fact that the applicant has no criminal antecedents and is languishing in jail since 07.09.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Accordingly, the bail application is allowed. 6. Let the applicant Prashant Dubey 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 3, 2025 akverma BAIL No. 11689 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench