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2025 DAILYLAW 184331 (ALL)

HARINDER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (HOME) DEPTT. HOME GOVT. OF U.P. LKO. AND 3 OTHERS

BAIL/12320/2025 · 2025-12-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12320 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.351 of 2024 under sections 64, 87, 137(2) and 351(2) of BNS and under section 3/4 POCSO Act, P.S. Tambour, District Sitapur. 3. In terms of the FIR, allegations were levelled that the sister of the informant aged about 17 years was enticed by the applicant. Subsequently, in the statement under section 180 BNSS, the victim stated that the applicant used to come to the home of the informant and wrong was also committed. Subsequently, she was enticed and taken to her aunt's place when she was five months' pregnant and some medicine was administered because of which she sustained abortion. In the statement under section 183 BNSS, a similar statement was given. The medical on record recorded the pregnancy to be positive, however, no injury was observed. The co-accused has been enlarged on bail. 4. Considering the age of the victim which is around 17 to 19 years, coupled with the fact that even as per the two statements, the relationship was with the consent, as such, the applicant who is in custody since 25.08.2024 and has not even one witness has been examined so far, the applicant is entitled to bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Ankit Tripathi, Ankit Mishra Counsel for Opposite Party(s) : G.A. Harinder .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. (Home) Deptt. Home Govt. Of U.P. Lko. And 3 Others .....Opposite Party(s) 5. Let the applicant Harinder 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: (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. December 18, 2025 VNP/- BAIL No. 12320 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench