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2025 DAILYLAW 180855 (ALL)

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

BAIL/12422/2025 · 2025-12-11

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. - 12422 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.233 of 2025, under Sections 137(2), 87, 64(1) of BNS; Section 5(L)/ 6 of POCSO Act and Section 3(2)(5) of SC/ST Act, Police Station Kamlapur, District Sitapur. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 16 years was enticed by the applicant. Subsequently, in the statement under Section 183 of BNSS, the victim did not support the prosecution case and stated that she was in love with the applicant and had gone with him at Bombay. There is no definite document with regard to the exact age of the victim. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statements of the victim and the fact that the applicant has no criminal antecedents and is languishing in jail since 24.08.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Arif be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable Versus Counsel for Applicant(s) : Pankaj Kumar Counsel for Opposite Party(s) : G.A. Arif .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home And 3 Others .....Opposite Party(s) 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 11, 2025 akverma BAIL No. 12422 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench