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2025 DAILYLAW 180161 (ALL)

PARMESHWAR @ AUWA @ BHAUWA v. STATE OF U.P. THRU. PRIN.SECY. DEPTT. HOME LKO.

BAIL/5761/2025 · 2025-11-06

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5761 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.86 of 2025, under Sections 65(1), 351(2) of BNS and Section 3/4 of POCSO Act, Police Station Mohanlalganj, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 13 years had gone out of home on 14.03.2025 when the applicant committed wrong on her. It was also alleged that after one hour, the victim would escape and subsequently, on 16.03.2025 when some blood was seen from private part, the victim her parents. The medical of the victim done on 18.03.2025 did not corroborate the allegation and no injury was found on the private part. The tentative age of the victim is around 13 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the delay in lodging the FIR and the medical report not corroborating the allegations and the fact that the applicant has no criminal antecedents and is languishing in jail since 19.03.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Prashant Singh, Rahul Kumar Shukla, Shivam Srivastava Counsel for Opposite Party(s) : G.A. Parmeshwar @ Auwa @ Bhauwa .....Applicant(s) State Of U.P. Thru. Prin.Secy. Deptt. Home Lko. .....Opposite Party(s) 6. Let the applicant Parmeshwar @ Auwa @ Bhauwa 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. November 6, 2025 akverma BAIL No. 5761 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench