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2025 DAILYLAW 188869 (ALL)

ATEEK v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. HOME LKO. AND 4 OTHERS

BAIL/1188/2025 · 2025-11-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1188 of 2025 Along with : 1. Criminal Misc. Bail Application No. 1440 of 2025: Munna Versus State of U.P. Thru. Addl. Chief Prin. Secy. (Home) C Block Lok Bhawan Lko. U.P. and 4 Other Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri Shesh Ram Verma, learned counsel for the applicants, learned AGA for the State; Shri Abdul Khattab, learned counsel for the informant and perused the record. 2. The applicants seek enlargement on bail in FIR No.255 of 2024, under Section 75(1), 127(2), 351(3), 70(2), 137(2), 87 BNS & Section 5lg/6 of POCSO Act, P.S. Subeha, District Barabanki. 3. In terms of the FIR it was alleged that daughter of the informant aged about 17 years was seen and the accused named in the FIR were catching her inappropriately and when the informant shouted, the accused ran away; no allegation of rape was levelled. In the statement under Section 180 BNSS also, the victim did not allege commission of rape, however, in the statement under Section 183 BNSS, the version was improved and rape was alleged by Versus Counsel for Applicant(s) : Sheeran Mohiuddin Alavi, Harsh Vardhan Kediya, Shesh Ram Verma Counsel for Opposite Party(s) : G.A., Vineet Kumar Chaurasia Ateek .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) the accused. Medical report on record did not corroborate the allegation. Tentative age of the victim is around 18 years. 4. Learned AGA has opposed the bail application. 5. Considering the medical not corroborating and there being huge variance in the statements, the applicants who are in custody since 28.09.2024 and have no criminal antecedents, are entitled to be enlarged on bail. In view thereof, the applications are allowed. 6. Let the applicants Ateek and Munna be released on bail in aforesaid FIR number on their furnishing a personal bond each with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. 1188 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench