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2025 DAILYLAW 183884 (ALL)

JITENDRA KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/6103/2025 · 2025-10-29

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. - 6103 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State as well as Sri Prashant Srivastava holding brief of Sri Arunendra Nath Mishra who appears for the informant and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.109 of 2025 under sections 64(2)K, 351(3) BNS and 5(k)/6 POCSO Act, P.S. Sandi District Hardoi. 3. The FIR in question was lodged on 24.02.2025 alleging that the daughter of the informant aged about 17 years had gone out of home when the applicant caught hold of her and committed wrong on her. The statements under section 180 and 183 BNSS was to similar effect. The medical was done after substantial delay on 25.02.2025 which naturally did not corroborate the allegations. 4. Considering the substantial delay in lodging the FIR coupled with the fact that the medical does not corroborate the allegations, the applicant who is in custody since 25.02.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Jitendra Kumar 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: Versus Counsel for Applicant(s) : Vineet Kumar Mishra Counsel for Opposite Party(s) : G.A., Arunendra Nath Mishra Jitendra Kumar .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) (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. 6103 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench