ASIF v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.
BAIL/9024/2025 · 2025-10-29
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183418 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183418 (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. - 9024 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, Shri Ram Kewal Tripathi, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 0078 of 2025, under Sections 64(1), 351(3) & 352 BNS, PS Gaura Chauraha, District Balrampur. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that the area where the FIR arose is predominantly occupied by muslims who were involved in love jihad. It was stated that the applicant had enticed the daughter of the informant and had committed wrong on her in which other muslim boys were also involved. It was also stated that various threats were issued. Subsequently in the statement under Section 180 BNSS victim did not corroborate the allegations and stated that she was 20 years of age and used to talk to each other which was resisted by her family members. Subsequently physical relations were also formed in between them. In somewhat similar statement were also given under Section 183 BNSS. It was also accepted that on 4 to 5 occasions physical relation were formed and when it was revealed that the applicant also used to talk to aunt of the victim it was stated that on one occasion physical relation was formed against her consent. Versus Counsel for Applicant(s) : Santosh Kr. Yadav Warsi Counsel for Opposite Party(s) : G.A., Ram Kewal Tripathi Asif .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s)
5. Learned counsel for the informant argues that threats are being issued. 6. Considering the two statement under Section 180 and 183 BNSS wherein victim had admitted that physical relation were formed with her consent on 4 to 5 occasion and the age of victim is around 20 years, however, without commenting upon the merits of the case, the applicant who is in jail since 18.07.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 7.
Let the applicant Asif 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 29, 2025 J. K. Dinkar BAIL No. 9024 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench