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2025 DAILYLAW 181692 (ALL)

SANDEEP NISHAD v. STATE OF U.P. THRU. PRIN. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/10822/2025 · 2025-11-10

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. - 10822 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.174 of 2025, under Sections 65(1), 352 of BNS; Section 5L/ 6 of POCSO Act and Section 3(2)v, 3(1)Da, Dha of SC/ST Act, Police Station Aliganj, District Ambedkar Nagar. 3. In terms of the FIR, it was alleged that the applicant formed physical relations on the false pretext of marriage with the daughter of the informant for the last three years. In the statement under Section 183 of BNS, the victim admitted that she was in love with the applicant and physical relations were formed with her consent. The tentative age of the victim is around 16 years, although, 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 not supporting the prosecution case and the fact that the applicant has no criminal antecedents and is languishing in jail since 17.08.2025, 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) : Ashutosh Kumar Tiwari, Piyush Mishra Counsel for Opposite Party(s) : G.A. Sandeep Nishad .....Applicant(s) State Of U.P. Thru. Prin. Addl. Chief Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Sandeep Nishad 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 10, 2025 akverma BAIL No. 10822 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench