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2025 DAILYLAW 184696 (ALL)

NARAYAN SAINI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/7685/2025 · 2025-11-14

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7685 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.385 of 2025, under Sections 137(2), 64(1) of BNS and Section 3/4 of POCSO Act, Police Station Kotwali Sadar, District Kheri. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 13 years was went missing and was enticed by some unknown person. It was stated that she was mentally challenged. In the statement under Section 183 of BNSS, the victim disclosed her age 17 years and made allegations against one of the accused Parvesh. No allegation was levelled against the applicant. The applicant was not even named in the FIR. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statement of the victim and the fact that the applicant is languishing in jail since 17.05.2025 and has one criminal history, which has been duly explained in the bail application, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Ramakar Shukla, Subodh Kumar Pandey Counsel for Opposite Party(s) : G.A., Mohammad Irfan Siddiqui Narayan Saini .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Narayan Saini 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 14, 2025 akverma BAIL No. 7685 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench