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2025 DAILYLAW 180115 (ALL)

DIWAKAR @ SATYAM BAJPAI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/10358/2025 · 2025-11-03

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10358 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed on behalf of the informant is taken on record. 2. Heard learned counsel for the applicant, learned AGA, Sri Pramod Singh, learned counsel for the informant and perused the record. 3. The accused-applicant seeks bail in FIR/Case Crime No.234 of 2025 under sections 137(2), 87, 65(1) BNS, and section 5(L)/6 POCSO Act, P.S. Mohanlalganj, District Lucknow. 4. In terms of the FIR, it was alleged that the daughter of the informant aged about 16 years had gone out of home without anyone and was allegedly enticed by the person, whose name was disclosed in the FIR. In the statements under section 180 and 183 BNSS, the victim did not support the prosecution story and stated that she had gone out of her own free will and physical relations were also formed. 5. Learned counsel for the informant has stated that age of the victim is around 13 years as per her birth certificate, however, the said certificate was updated in the year 2020 and without there being any explanation, the father of the victim has recorded her age as 16 years. 7. Considering the two statements as well as the fact that the document with regard to exact age of victim is to be seen at the time of trial in view of the judgment of this Court in the case of Monish vs. State of U.P., passed in Criminal Misc Bail Application No.55026 of 2021 coupled with the fact that the applicant, who is in custody since 26.06.2025 and has no criminal history, is entitled for the bail. Thus, the bail application is allowed. 8. Let the applicant Diwakar @ Satyam Bajpai be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the Versus Counsel for Applicant(s) : Jaskaran Lal Maurya, Rajat Singh Counsel for Opposite Party(s) : G.A. Diwakar @ Satyam Bajpai .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 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 3, 2025 Renu/- BAIL No. 10358 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench