Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 180439 (ALL)

MOHIT v. STATE OF U.P. THRU. PRIN. SECY. HOME ,LUCKNOW AND 3 OTHERS

BAIL/12720/2024 · 2025-11-04

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. - 12720 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.162 of 2024, under Section 363, 366, 376AB, 342 IPC & Section 5M/6 of POCSO Act, P.S. Banthara, District Lucknow. 3. In terms of the FIR it was alleged that daughter of the informant aged about 10 years was enticed by the applicant and was confined to his home. Subsequently, in the statement under Section 161 Cr.P.C., the victim did not support the prosecution. Even before the medical authority, the victim did not support the prosecution and stated that the relations were formed with her consent. Medical report also records that there is no definite opinion with regard to the age of the victim. 4. Learned AGA has opposed the bail application and argued that the age of the victim is around 10 years, however, the medical on record itself indicates that the victim had attained puberty in the last two years, thus, prima-facie there is no definite document with regard to the exact age of the victim which has to be seen at the time of trial. 5. Considering the law as explained in the case of Monish vs. State of U.P. & Ors. (Criminal Misc. Bail Application No.55026 of 2021) decided on Versus Counsel for Applicant(s) : Mohammad Aslam Beg, Onkar Singh, Vinay Kumar Yadav Counsel for Opposite Party(s) : G.A., Ajay Rawat Mohit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home ,Lucknow And 3 Others .....Opposite Party(s) 09.02.2023, the applicant who is in custody since 06.07.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohit 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 4, 2025 nishant BAIL No. 12720 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench