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2025 DAILYLAW 188582 (ALL)

ISLAMU @ ISLAM v. THE STATE OF U.P. THRU. ITS SECY. MINISTRY OF HOME AFFAIRS LKO. AND 3 OTHERS

BAIL/11065/2025 · 2025-11-18

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. - 11065 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 3. The applicant seeks enlargement on bail in FIR No.213 of 2025, under Section 352, 351(2), 351(3), 64(1) BNS, Section 3/4 of POCSO Act & Section 3(2)V of SC/ST Act, P.S. Mall, District Lucknow. 4. In terms of the FIR it was alleged that sister of the informant aged about 16 years had gone out of home and while she was coming back, the applicant who was coming on a motorcycle with the co-accused, caught hold of the victim and thereafter, physical relations were formed against her consent. In the statement under Section 183 BNSS, the victim stated that physical relations were formed against her consent. She also stated that when her parents were trying to search, brother of the victim came and lit a torch on them because of which the applicant ran away. Tentative age of the victim is 16 years. Medical report on record does not corroborate the allegation. 5. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Gyanesh Kumar Singh Counsel for Opposite Party(s) : G.A. Islamu @ Islam .....Applicant(s) The State Of U.P. Thru. Its Secy. Ministry Of Home Affairs Lko. And 3 Others .....Opposite Party(s) 6. Considering the medical report, the applicant who is in custody since 20.08.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Islamu @ Islam 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 18, 2025 nishant BAIL No. 11065 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench