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2025 DAILYLAW 181030 (ALL)

MOHD. SHAMSHEER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

BAIL/11870/2025 · 2025-11-28

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11870 of 2025 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.0100 of 2025, under Section 17, 137(2), 115(2), 64(1) BNS & Section 3/4 of POCSO Act, P.S. Mahruwa, District Ambedkar Nagar. 3. In terms of the FIR, allegations were levelled that daughter of the informant aged about 16 years was enticed by the applicant. Subsequently, in her statement under Section 180 BNSS, the victim stated that both of them used to talk to each other and the victim was taken to the home of the applicant's aunt and thereafter, physical relations were also formed. Victim has refused to undergo medical examination. 4. Learned AGA has opposed the bail application. 5. Considering the tentative age of the victim which is around 16 years and there being no definite document with regard to the exact age of the victim, the applicant who is in custody since 08.06.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohd. Shamsheer be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Vaibhav Srivastava, Vishnu Pratap Singh Counsel for Opposite Party(s) : G.A. Mohd. Shamsheer .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) 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 28, 2025 nishant BAIL No. 11870 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench