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2025 DAILYLAW 185729 (ALL)

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

BAIL/10785/2025 · 2025-11-11

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10785 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.196 of 2025, under Section 70(2) BNS & Section 5(G)/6 of POCSO Act, P.S. Jahangirganj, District Ambedkar Nagar. 3. In terms of the FIR it was alleged that daughter of the informant had gone out of home when the applicant pulled her and committed wrong on her. In the statement under Section 180 BNSS, the victim stated that wrong was done on her, however, in the statement under Section 183 BNSS, the allegation was that he tried to misbehave with her. No allegation of rape was levelled. Medical report on record does not record use of force. 4. Learned AGA has opposed the bail application. 5. Considering the statement under Section 183 BNSS and the tentative age of the victim which is around 15 years, the applicant who is in custody since 11.07.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Zakir be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the Versus Counsel for Applicant(s) : Himadri Goswami, Anil Kumar Dwivedi, Rajesh Kumar Counsel for Opposite Party(s) : G.A. Zakir .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 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 11, 2025 nishant BAIL No. 10785 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench