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2025 DAILYLAW 182944 (ALL)

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

BAIL/4009/2025 · 2025-11-07

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4009 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.73 of 2025, under Sections 137(2), 87, 64 of BNS and Section 3/4 of POCSO Act, Police Station Chanda, District Sultanpur. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 17 years was missing and was enticed by some unknown person. Subsequently, in the statement under Section 183 of BNSS, the victim did not support the prosecution case. The tentative age of the victim is around 17 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the two statement of the victim under Section 183 of BNSS and the fact that the applicant has no criminal antecedents and is languishing in jail since 11.04.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed . 6. Let the applicant Santosh Kumar be released on bail in the aforesaid Versus Counsel for Applicant(s) : Gyanendra Mishra, Neelam Pandey, Ravi Shankar Mishra Counsel for Opposite Party(s) : G.A. Santosh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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. November 7, 2025 akverma BAIL No. 4009 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench