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2025 DAILYLAW 181382 (ALL)

SHAHRE ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

/12154/2025 · 2025-12-08

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12154 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, Shri Manoj Kumar Mishra, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 237 of 2025, under sections 137(2), 87, 64(2)(m), 65(2) BNS, Sections 5(L)/6, 5(m)/6 POCSO Act, P.S. Sirsiya, District Shrawasti. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of informant aged about 15 years was enticed by the applicant. Subsequently in her statement under Section 183 BNSS the victim did not support the prosecution story and stated that has her father had scolded therefore she went alongwith applicant and she knew the applicant. There is no definite document with regard to exact age of the victim which is around 15 years. 5. Learned AGA has opposed the bail application. 6. Considering the statement under Section 183 BNSS not supporting the prosecution story, however, without commenting upon the merits of the case, the applicant who is in jail since 9.6.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application Versus Counsel for Applicant(s) : Mohd. Tabrez Iqbal, Faiz Ali Khan, Mohd. Parvez Iqbal Counsel for Opposite Party(s) : G.A. Shahre Alam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) is allowed. 7. Let the applicant Shahre Alam 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. December 8, 2025 J. K. Dinkar BAIL No. 12154 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench