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2025 DAILYLAW 182251 (ALL)

BHAJJI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/11732/2024 · 2025-10-29

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11732 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the informant. 2. The accused-applicant seeks bail in FIR/Case Crime No.17 of 2024 under Sections 323, 363, 376-D, 506 IPC and Section 5(g)/6 of POCSO Act, P.S.- Kotwali Chandan Chauki, District- Lakhimpur Kheri. 3. In terms of the FIR, it was alleged that the daughter of the informant was had gone to a marraige on 28.04.2024 where five named accused in the FIR and two unknown persons had committed wrong with her. The applicant was not named in the FIR. In the light of the said, learned counsel for the applicant has drawn my attention to the submission of victim whereas, she had stated that she had taken the name of the applicant on the same being told by one of the co-accused. No allegation of rape was levelled against the applicant. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the statement of victim which does not corroborate with the prosecution story coupled with the fact that the applicant is in custody since 26.07.2024 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Bhajji be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; Versus Counsel for Applicant(s) : Rajendra Singh Kushwaha Counsel for Opposite Party(s) : G.A. Bhajji .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) (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. October 29, 2025 V. Sinha BAIL No. 11732 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench