AJAY NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/12328/2025 · 2025-12-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181973 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181973 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12328 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.238 of 2017, under Section 323, 363, 366, 376D of IPC & Section 5/6 of POCSO Act, P.S. Baskhari, District Ambedkar Nagar.
3. FIR in question was lodged on 09.12.2017 alleging that daughter of the informant aged about 13 years was enticed by the applicant. In the statement under Section 164 Cr.P.C., victim stated that she stayed with the applicant from 2017 up to 2023. It was also stated that a child was also born and subsequently, she has re-married. Internal medical examination was also refused by the victim.
4. Learned AGA has opposed the bail application.
5. Considering the age of the victim and the fact that the victim stayed with the applicant for six years and a child was also born, the applicant who is in custody since 13.10.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Ajay Nishad 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: Versus Counsel for Applicant(s) : Neeraj Kumar Mishra, Saurabh Mishra Counsel for Opposite Party(s) : G.A. Ajay Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
(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 nishant BAIL No. 12328 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench