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2025 DAILYLAW 189826 (ALL)

MOHD. NASIR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/6662/2025 · 2025-10-07

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6662 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.134 of 2025, under Section 69, 65(1) of BNS and Section 5/6 of POCSO Act, Police Station Godamba, District Lucknow. 3. The FIR in question was lodged alleging that the applicant used to visit the house of the informant for the last 8 years and for the last five years, physical relations were formed on the false pretext of marriage and now he does not want to marry her. In the statement under Sections 180 and 183 of BNSS reiterated the same version. The victim is aged about 21 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the two statements of the victim and the allegations contained in the FIR, the relationship was found in between the parties for a substantial period of long time and as such, on that ground alone, the applicant, who is in custody since 07.05.2025 and has no criminal antecedents, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Arshad Siddiqui, Vaibhav Chauhan Counsel for Opposite Party(s) : G.A., Badri Prasad Singh, Rahul Mishra Mohd. Nasir .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Mohd Nasir be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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. October 7, 2025 akverma BAIL No. 6662 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench