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2025 DAILYLAW 184094 (ALL)

ABDUL HAYAT v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/10540/2025 · 2025-10-31

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10540 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None appears for informant despite service of notice. 2. The applicant seeks enlargement on bail in FIR No.114 of 2025, under Sections 65(1), 351(2), 352 BNS, Section 66(E) I.T. Act, Sections 3/4(2) POCSO Act, P.S. Jahangirabad, District Barabanki. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of informant aged about 14 years was at home when the applicant touched her inappropriately and as she resisted he threatened her that certain inappropriate photos would be made viral. No allegations of rape was levelled. In the statement under Sections 180 and 183 BNSS the victim alleged rape being committed. Before the medical authorities the victim admitted that she knew the applicant since long and physical relation was also existed in between them however for the last three months she was not maintaining any relation with him. There is no recovery of any video as alleged. 4. Learned AGA has opposed the bail application. 5. Considering the statement made before the medical authority and the allegations levelled in the FIR coupled with the fact that the victim is aged about 17 years, however, without commenting upon the merits of the case, the applicant who is in jail since 6.4.2025 and has no criminal Versus Counsel for Applicant(s) : Farooq Ayoob, Km. Pooja Tiwari, Mohammad Ashraf Counsel for Opposite Party(s) : G.A. Abdul Hayat .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Abdul Hayat 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 31, 2025 J. K. Dinkar BAIL No. 10540 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench