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2025 DAILYLAW 183591 (ALL)

MOHD.SADIQ v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/11110/2024 · 2025-10-29

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11110 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and Ms. Rashmi Pandey, learned Counsel appearing on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.223 of 2024, under Sections 137(2), 65(2) of BNS and Section 5M/6 of POCSO Act, Police Station Jahangirabad, District Barabanki. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 5 years was taken by the applicant on a motorcycle and subsequently, when she returned, she was informed that the applicant had inserted private part in her mouth. The medical report does not indicate any severe injury received by the victim. The entire prosecution case is based upon the testimony of the victim, who is aged about 5 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the nature of the allegations, which has to be substantiated only by the statement of the victim, who is aged about five years and the fact that the applicant has no criminal antecedents and is languishing in jail since 03.08.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Arshad Siddiqui, Akshay Singh, Anoj Kumar, Suresh Kumar Yadav, Umesh Chandra Counsel for Opposite Party(s) : G.A., Rashmi Pandey Mohd.Sadiq .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Mohd. Sadiq be released on bail in the aforesaid 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. October 29, 2025 akverma BAIL No. 11110 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench