DURGESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/12363/2025 · 2025-12-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185121 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185121 (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. - 12363 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 applicant seeks enlargement on bail in FIR No.396 of 2025, under sections 64(1) BNS, P.S. Kotwali Dehat, District Sultanpur.
3. Learned counsel for the applicant argues that in terms of FIR it was alleged that grand daughter of the informant was enticed by the applicant and on false pretext of marriage physical relations were formed for a span of five years. The tentative age of the victim is around 24 years. In her statement the victim admitted that she knew the applicant since the years 2006 and also admitted that physical relation were formed even after the marriage of the applicant in between them. She also stated that she wanted to marry the applicant.
4. Learned AGA has opposed the bail application.
5. Considering the age of the victim which is around 24 years and the statement alleging forming of physical relations with consent even after marriage, however, without commenting upon the merits of the case, the applicant who is in jail since 19.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Durgesh Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- Versus Counsel for Applicant(s) : Shiv Kumar Vishwakarma, Ashish Raj Tiwari Counsel for Opposite Party(s) : G.A. Durgesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
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. December 11, 2025 J. K. Dinkar BAIL No. 12363 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench