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2025 DAILYLAW 181798 (ALL)

CHHOTKANNE v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS

BAIL/11662/2025 · 2025-12-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11662 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None appeared for respondent no.2 despite notice. 2. The applicant seeks enlargement on bail in FIR No.549 of 2025, under Section 137(2), 87, 351(2), 64, 145 BNS, Section 5/6 of POCSO Act, Section 3(2)(v) of SC/ST Act & Section 5 Immoral Traffic (Prevention) Act, P.S. Kotwali City, District Sultanpur. 3. In terms of the FIR it was alleged that the applicant had enticed the daughter of the informant aged about 16 years. Subsequently, the victim stated in her statement that the two accused named in the FIR had forced her to marry and was ultimately married with the applicant. She also stated that her husband was not at home. She also stated that she was not enticed by anyone. Victim refused to undergo medical examination. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the victim has refused to undergo medical examination and no allegation has been levelled against the applicant who is not even named in the FIR, the applicant who is in custody since 19.07.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Abhishek Misra, Shivam Counsel for Opposite Party(s) : G.A. Chhotkanne .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Chhotkanne 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 3, 2025 nishant BAIL No. 11662 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench