BHAYEE LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND 3 OTHERS
BAIL/1750/2025 · 2025-10-30
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183409 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183409 (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. - 1750 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. No one appears for the opposite party No. 2/complainant, despite service of notice. 2. The applicant seeks enlargement on bail in FIR No. 15 of 2025, under Sections 65(1), B.N.S.S. and Section 3/4, POCSO Act, P.S. Dhaurahra, District Kheri. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that on 11/1/2025, the daughter of the informant, aged about 13 years, had gone to the field, where the applicant misbehaved with her, and when people arrived, he ran away. Learned counsel for the applicant also argues that no allegation of rape is leveled against the applicant. Subsequently, in the statement of under Section 180 BNSS also no allegation of rape was leveled, however, in the statement under Section 183 BNS, for the first time, an allegation of rape was leveled. The learned counsel further argues that the medical report on record does not corroborate the allegation of rape. The tentative age of the victim is about 13 years. 4. Learned AGA has opposed the bail application. 5. Considering the huge inconsistencies in the statements and the medical report not corroborating the allegations, coupled with the fact that there is no definite document on record to form a definite view with regard to the Versus Counsel for Applicant(s) : Janendra Kumar Verma, Dharm Trivedi Counsel for Opposite Party(s) : G.A., Satendra Nath Rai Bhayee Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others .....Opposite Party(s)
exact age of the victim, the applicant, who is in custody since 22/1/2025 and has no criminal history, however, without commenting upon the merits of the case, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6.
Let the applicant Bhayee Lal 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. October 30, 2025 A.Nigam BAIL No. 1750 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench