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2025 DAILYLAW 186398 (ALL)

BRAJESH KUMAR PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/11788/2025 · 2025-12-05

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11788 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.535 of 2025, under sections 64, 351(3), 351(2), 352 BNS, Section 67 I.T. Act, P.S. Kotwali Nagar, District Sultanpur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the applicant had taken inappropriate photos and on the pretext of same physical relation were formed against the her consent and threats were also issued. In the statement under Section 183 BNSS the victim admitted that she had formed physical relation with her consent. The tentative age of the victim is around 21 years as disclosed in the statement under Section 180 BNSS. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the statement of the victim, however, without commenting upon the merits of the case, the applicant who is in jail since 11.7.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Brajesh Kumar Pandey 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 Versus Counsel for Applicant(s) : Mohammad Ehtesham Khan, Shashi Kant Mishra Counsel for Opposite Party(s) : G.A. Brajesh Kumar Pandey .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) 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 5, 2025 J. K. Dinkar BAIL No. 11788 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench