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2025 DAILYLAW 187856 (ALL)

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

BAIL/5430/2025 · 2025-11-11

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5430 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. 112 of 2025, under sections 65(1), 69, 351(3), 352 BNS and Section 5 ठ / 6 POCSO Act, P.S. Rupaidiha, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 23.4.2025 the daughter of the informant was gone out of her own home to relieve herself when the applicant committed wrong on her. The FIR was lodged on 28.4.2025. Subsequently in her statement under Section 180 BNSS the victim stated that physical relation were formed in between them for the last six months and she came to know that she was pregnant carrying the fetus of three months. Considering the aforesaid statement prima facie allegations in the FIR appears to be incorrect. There is no definite document with regard to exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant who is in jail since 7.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Ashish Raman Mishra, Manoj Kumar Singh Counsel for Opposite Party(s) : G.A., Ajey Singh Insaaf Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Insaaf Ali 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 11, 2025 J. K. Dinkar BAIL No. 5430 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench