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2025 DAILYLAW 186552 (ALL)

ROHIT KUMAR v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/5527/2025 · 2025-12-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5527 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.064 of 2025, under Section 65(1), 351(2), 107 BNS & Section 4(2) of POCSO Act, P.S. Nighasan, District Lakhimpur Kheri. 3. In terms of the complaint filed, it was stated that daughter of the informant aged about 16 years was missing. Subsequently, FIR No.0064 of 2025 was lodged under Section 108 BNSS alleging that the applicant who was also working with the informant took the telephone of the informant and used to talk to his daughter which was refused on various occasions, however, he kept on talking and threatened her because of which she committed suicide. Cause of death is antemortem hanging. 4. Learned AGA has opposed the bail application. 5. Considering the nature of the allegations prima-facie abetment at the instance of the applicant as defined under BNS is apparently missing. As such, considering the law as explained in the case of Mariano Anto Bruno and Anr. v. Inspector of Police; 2022 SCC OnLine SC 1387, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Deo Raj Singh Counsel for Opposite Party(s) : G.A. Rohit Kumar .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Rohit Kumar 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. December 9, 2025 nishant BAIL No. 5527 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench