MOHAMMAD SAIF v. STATE OF U.P THRU. PRIN. SECY. HOME GOVT. CIVIL SECRT. LKO. AND 3 OTHERS
BAIL/4763/2024 · 2025-11-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188759 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188759 (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. - 4763 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Whereas, no one has put in appearance on behalf of the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No.23 of 2024, under Sections 363, 366, 323, 376D, 328 IPC and Section 5/6 of POCSO Act, P.S. Saadatganj, District- Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant, aged about 14 years, went missing and she was enticed away by the applicant. Subsequently, the applicant had left her behind the petrol pump with torn clothes. In the statement recorded under Section 161 Cr.P.C., the victim stated that the applicant had called her and said that her mother was looking for her, thereafter she went with the applcant where he drugged her, and thereafter, committed wrong with her. Next morning, she was found by the mother. Medical on record does not corroborate with the allegation leveled in the FIR. 4. Learned counsel for the applicant argues that as per the FIR, age of the victim is disclosed as 14 years but she has been mentioned as 18 years old at the time of marriage in terms of the Niqah-nama. 5. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : S Malik E Ashtar Rizvi, Kumar Lakshay, Sunil Kumar Maurya Counsel for Opposite Party(s) : G.A., Mohd. Nafees Mohammad Saif .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. And 3 Others .....Opposite Party(s)
6. Considering the material on record, age of the victim and the medical on record coupled with the fact that the applicant is in jail since 06.02.2024, having no criminal antecedents, he is entitled to be enlarged on bail. In view thereof, the application is allowed. 7.
Let the applicant Mohammad Saif 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 she 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 V. Sinha BAIL No. 4763 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench