DADU @ AKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS
/9299/2024 · 2025-11-24
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[ 2025 DAILYLAW 184933 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184933 (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. - 9299 of 2024 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.386 of 2022, under Sections 363, 365, 323, 506, 376-D IPC and Section 5/6 of POCSO Act, Police Station Hazratganj, District Lucknow. 3. In terms of the FIR, it was alleged that the wife of the informant had left him around five years ago and since thereafter, the two daughters of the informant aged about 1 year and 7 years were staying with the informant and in the night of 4/5.11.2022, when the informant woke up at 3:00 AM (night), the younger daughter was not present and later on, she returned and informed that the applicant had taken her forcibly. It was also alleged that the elder daughter informed that earlier also, the applicant had taken her and finger was inserted in her private parties. The allegation of threats were also alleged. It was also alleged that her legs were tied with rope, however, the victim cut the ropes with the use of blade. The victim refused to undergo medical examination. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the probability of the statement wherein it was stated that the daughter aged about 1 year opened the legs by the use of blade; the Versus Counsel for Applicant(s) : Sandeep Kumar Srivastava Counsel for Opposite Party(s) : G.A. Dadu @ Akash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others .....Opposite Party(s)
victim refused to undergo medical examination and the fact that the applicant has no criminal antecedents and is in custody since 09.11.2022, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6.
Let the applicant Dadu @ Akash 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 24, 2025 akverma BAIL No. 9299 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench