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2025 DAILYLAW 187450 (ALL)

SANJAY JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11731/2025 · 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. - 11731 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. 163 of 2025, under sections 64(2M), 351(2), 115(2) BNS, P.S. Mahila Thana, District Pratapgarh. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that informant was married in the year 2019 and subsequently she was being harassed by the entire matrimonial family. It was also stated that she was told that she was suffering from some demonic power and the applicant was called and thereafter on pretext of getting treatment done physical relations were formed by her husband as well as applicant on various occasions and some videos were also made. In the statement under Section 183 BNSS it was stated that her husband and mother in law had administered some intoxicants and the children were also closed in the room when physical relation were forced to be formed with the applicant. The tentative age of the victim is around 27 years. 4. Learned AGA has opposed the bail application. 5. Considering the improbability of allegations in the statement under Section 183 BNSS coupled with the delay in lodging the FIR, however, without commenting upon the merits of the case, the applicant who is in jail since 7.9.2025 and has no criminal history is entitled to be enlarged Versus Counsel for Applicant(s) : Anamika Singh, Aradhya Mishra Counsel for Opposite Party(s) : G.A. Sanjay Jaiswal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) on bail. In view thereof, the application is allowed. 6. Let the applicant Sanjay Jaiswal 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 5, 2025 J. K. Dinkar BAIL No. 11731 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench