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2025 DAILYLAW 184562 (ALL)

AASHISH MISHRA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/3251/2025 · 2025-11-25

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3251 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.50 of 2025, under Sections 65(2), 351(3) of BNS and Section 5MJ(2)/6 of POCSO Act, Police Station Paraspur, District Gonda. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 15 years was gone to the agricultural field two months ago when the applicant had committed wrong on her and when the victim became pregnant, efforts were made to settle the matter, however, nothing could be done, as such, the FIR has been lodged. 4. In the light of the aforesaid, the submission of the Counsel for the applicant is that there is no definite document with regard to exact age of the victim. He further argues that the victim refused to undergo medical examination and the ultra sound report relied upon was from a private place. It is further argued that the statement of the victim and the complainant was recorded during trial. 5. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Kailash Nath Mishra, Rahul Mishra Counsel for Opposite Party(s) : G.A., Abhishek Kumar Mishra, Giriraj Prajapati Aashish Mishra .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Considering the fact that the victim has refused to undergo medical examination with regard to the pregnancy and the fact that the applicant has no criminal antecedents and is languishing in jail since 15.02.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Aashish Mishra 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. November 25, 2025 akverma BAIL No. 3251 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench