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2025 DAILYLAW 185351 (ALL)

ADNAN v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 4 OTHERS

/11477/2025 · 2025-11-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11477 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Sanket Pandey, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.193 of 2025, under Section 64(1), 351(3) BNS & Section 3/4 of POCSO Act, P.S. Naka Hindola, District Lucknow. 3. FIR in question was lodged alleging that minor daughter of the informant aged about 16 years was threatened by the brother of the brother-in-law of the informant and used to force her to form physical relations; other threats were also issued to the victim. It was stated that physical relations were formed on various occasions. It was also stated that physical relations were formed in between them at a hotel and subsequently, some medicine was administered which resulted in bleeding. Other allegation of threats were also issued. In the statement under Section 180 BNSS, the victim admitted that she had gone alongwith the applicant on being enticed to a hotel room and thereafter, something was administered because of which she became unconscious and thereafter, threats were also issued. It was also stated that she was left back to the school from where she went back to home. In the statement under Section 183 BNSS, somewhat similar statement was given. Statement of the Hotel Manager is also on record wherein he stated that one girl had come alongwith a boy and had stayed in Room No.203. Medical on record does not corroborate the presence of any injury. There Versus Counsel for Applicant(s) : Riyaz Ahmad Counsel for Opposite Party(s) : G.A., Sanket Pandey Adnan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 4 Others .....Opposite Party(s) is no definite document with regard to the exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the material and the fact that the victim had gone alongwith the applicant to a hotel as is stated by the Hotel Manager and there is no suggestion that any hue and cry was raised by her, prima-facie, a case of consent is made out. As such, the applicant who is in custody since 22.10.2025 and has one case of criminal antecedents in which the applicant has not even been summoned, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Adnan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- 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. November 26, 2025 nishant BAIL No. 11477 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench