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2025 DAILYLAW 182360 (ALL)

HIMANSHU @ JASWANT KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS

/12519/2025 · 2025-12-12

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12519 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.275 of 2025, under Section 137(2), 87, 64(2)M, 131, 115(2), 352, 351(3) BNS, Section 5L/6 of PCOSO Act and Sections 3(1)Da, 3(1)Dha, 3(2)(va), 3(2)(v) of SC/ST Act, P.S. Majhgai, District Kheri. 3. FIR in question was lodged alleging that the informant aged about 13 years was having a love affair and on 27.08.2025 the applicant enticed her and took her to Haridwar and thereafter, to Himachal Pradesh and physical relations were formed on various occasions. Tentative age of the victim has been assessed as 16 years. In the statement under Section 183 BNSS the victim stated that she was taken on a motorcycle and both of them left on a bus for Himachal Pradesh where she stayed with the applicant for four days and the applicant dropped her back. 4. Learned AGA has opposed the bail application. 5. Considering the said statement under Section 183 BNSS and the tentative age of the victim which is around 16 years and there being no definite document with regard to the exact age of the victim, the applicant who is in custody since 24.12.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Yogendra Singh Counsel for Opposite Party(s) : G.A. Himanshu @ Jaswant Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Himanshu @ Jaswant Kumar 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 12, 2025 nishant BAIL No. 12519 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench