ALOK JOSHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/11383/2025 · 2025-12-05
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 187218 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 187218 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11383 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.645 of 2025 under Section 87, 137(2) BNS Police Station Shahbad, District Hardoi. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 17 years, was enticed away by the applicant on 20.10.2025 at about 8:33 a.m. Learned counsel for the applicant submits that the victim refused to undergo medico-legal examination. As per her statements recorded under Sections 180 and 183 BNSS, her age is stated to be 17 years, whereas as per the school records, she is 16 years old. It further appears from the statements under Sections 180 and 183 BNSS that she was a consenting party. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not Versus Counsel for Applicant(s) : Vikas Sharma Counsel for Opposite Party(s) : G.A. Alok Joshi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties and have also perused the record, including the statement of the victim recorded under Sections 180 and 183 BNSS. On due consideration of the statement of the victim recorded under Sections 180 and 183 BNSS, which indicates that she went with the applicant of her own accord and resided with him for three days without raising any alarm; prima facie element of enticement appears to be missing; the applicant has no criminal history and has been in jail since 25.10.2025; charge sheet has already been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed.
Accordingly, the bail application is allowed. Let the applicant Alok Joshi, involved in the aforesaid FIR/Case crime number, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of BAIL No. 11383 of 2025 2
the trial. December 5, 2025 Madhu D.R/P.S BAIL No. 11383 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench