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2025 DAILYLAW 187647 (ALL)

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

/11291/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11291 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None appears for informant despite notice. 2. The applicant seeks enlargement on bail in FIR No.58 of 2025, under sections 65(1), 351(3) BNS, Sections 3/4 POCSO Act, P.S. Haidarganj, District Ayodhya. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that granddaughter of the informant aged about 16 years was missing. Subsequently it was alleged that applicant had taken the granddaughter and both of them were caught and brought back at 4:30 in the morning. In her statement under Section 180 BNSS the victim stated that on the night of incident she was sleeping alongwith other family members when the applicant took her from home and thereafter committed wrong on her and was left at 5 AM in the morning. Somewhat similar statement was given under Section 183 BNSS. The tentative age of the victim is around 16 years. There is no definite document with regard to exact age of the victim. Medical on record does not corroborate the allegations. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the victim had gone alongwith applicant as well as the other family members were sleeping and medical does not Versus Counsel for Applicant(s) : Rama Niwas Pathak Counsel for Opposite Party(s) : G.A. Mohit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) corroborate the allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 10.6.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohit 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. November 20, 2025 J. K. Dinkar BAIL No. 11291 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench