MOHD. FAREED v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS
BAIL/6456/2025 · 2025-10-29
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182499 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182499 (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. - 6456 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, Sri Aman Shankar for the informant as well as learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.0135 of 2025 under sections 115(2), 351(3), 65(2) BNS and section 5m/6 POCSO Act, P.S. PGI, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 3 years was molest and misbehaved with by the applicant and in CCTv Footage, it was revealed that he was trying to throttle the child and was also kissing him. 4. In the light of the said allegations, the counsel for the applicant draws my attention to the medical report which does not indicate any sign of penetrative sexual assault while redness was seen on the left labia minora. 5. The counsel for the informant also draws my attention to the same report which indicate the redness and left labia minora, as opined in the medico legal examination. 6. On the basis of the said allegations, prima-facie, the offence in the worst Versus Counsel for Applicant(s) : Gajendra Pratap Singh, Abhishek Singh, Amit Kumar, Haider Mehdi, Panna Lal Gupta, Subrat Gupta Counsel for Opposite Party(s) : G.A., Aman Shankar, Mayuresh Srivastava Mohd. Fareed .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s)
case scenario, can be said to be made out under section 7/8 of POCSO Act, which is punishable of imprisonment for a term of at least three years and up to five years and the material to corroborate the offence under section 3/5 POCSO Act is apparently missing, as such, considering these facts, the applicant who is in custody since 22.03.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 7. Let the applicant Mohd.
Fareed be released on bail in aforesaid FIR/Case Crime Number subject to his 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; (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 VNP/- BAIL No. 6456 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench