KAUSHAL ALI KHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS
BAIL/10807/2025 · 2025-11-12
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183942 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183942 (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. - 10807 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. This is the third bail application on behalf of the applicant who seeks enlargement on bail in FIR No.454 of 2019, under Section 363, 376 IPC & Section 3/4 of POCSO Act, P.S. Thakurganj, District Lucknow. First bail application was rejected on 30.03.2022 for want of prosecution. Second bail application was rejected on 23.12.2022 for want of prosecution.
3. While arguing the present third bail application, learned counsel for the applicant argues that the FIR in question was lodged as a missing person report alleging that daughter of the informant aged about 14 years was enticed by the applicant. Subsequently, in the statement, the victim did not support the prosecution. There is no definite document with regard to the exact age of the victim. In the statement under Section 164 Cr.P.C., the victim disclosed her age as 18 years.
4. Learned AGA has opposed the bail application.
5. Considering the said statement, the applicant who is in custody since 21.06.2019 is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Ujjwal Pandey Counsel for Opposite Party(s) : G.A. Kaushal Ali Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s)
6. Let the applicant Kaushal Ali Khan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.1,000/- 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. November 12, 2025 nishant BAIL No. 10807 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench