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2025 DAILYLAW 185237 (ALL)

ANIL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

/6968/2025 · 2025-11-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6968 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.0218 of 2025 under sections 64, 115(2) BNS and section 3/4 POCSO Act, P.S. Ajgain, District Unnao. 3. In terms of the FIR, it was alleged that, at about 10:00 AM, the daughter of the informant, aged about 15 years, had gone out of the home when the applicant misbehaved with her and touched her inappropriately. No allegation of rape was lavelled. However, in the statement under section 180 BNSS the allegation of rape was levelled. In the statement of the victim under section 183, the victim stated that when she shouted, her mother came, after which the applicant ran away. The medical on record does not corroborate the allegations. There is no definite document with regard to the exact age of the victim. 4. Considering the huge difference in the version as stated in the FIR and the two statements, the applicant who is in custody since 23-06-2025 and has no criminal history, he is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Anil 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 Versus Counsel for Applicant(s) : Yogesh Kumar Mishra, Dharmendra Kumar Yadav, Shraddha Chaturvedi Counsel for Opposite Party(s) : G.A. Anil .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 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 19, 2025 VNP/- BAIL No. 6968 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench