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2025 DAILYLAW 182339 (ALL)

VIJNESH @ MANGU v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/6350/2025 · 2025-11-06

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6350 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.77 of 2025, under Sections 65(1), 351(3) of BNS and Section 5(J)(II)/ 6 of POCSO Act, Police Station Asivan, District Unnao. 3. In terms of the FIR, it was alleged that the applicant formed physical relation with the victim aged about 15 years since November, 2024 and because of which, the victim became pregnant. A similar statement was given under Section 183 of BNS, wherein, she admitted that physical relations were formed on 5-6 occasions and on account of threats being issued, she did not inform anyone. The tentative age of the victim is around 14 years. There is no specific document with regard to the exact age of the victim, which has to be seen at the time of trial. 4. The Counsel for the applicant argues that the applicant is ready and willing to marry, if the victim agrees. The applicant is in custody since 21.03.2025 and has no criminal antecedents except one case under the Excise Act. 5. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Anil Kumar Awasthi, Deepak Kumar Counsel for Opposite Party(s) : G.A., G.A. Vijnesh @ Mangu .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Considering the statement of the victim that physical relations were formed on 5-6 occasions and the proposal of the applicant that he is ready and willing to marry with the victim coupled with the fact that the applicant is in custody since 21.03.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Vijnesh alias Mangu 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. 8. In case, the applicant resiles from the compromise, it would be open to the victim to move an application for cancellation of the bail. November 6, 2025 akverma BAIL No. 6350 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench