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2025 DAILYLAW 190158 (ALL)

AJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/5315/2025 · 2025-10-17

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5315 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.38 of 2024, under Section 363, 366, 376 IPC & Section 5/6 of POCSO Act, P.S. Dhammaur, District Sultanpur. 3. In terms of the FIR it was alleged that daughter of the informant was enticed by the applicant. Subsequently, in the statement under Section 161 Cr.P.C., the victim did not support the prosecution. She even refused to undergo medical examination. Tentative age of the victim is around 17 years. 4. Learned AGA has opposed the bail application. 5. Considering the statement and the refusal of the victim to under medical examination, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Ajay Kumar 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; Versus Counsel for Applicant(s) : Anuj Kumar Singh Counsel for Opposite Party(s) : G.A., Suresh Chandra Srivastava, Vaibhav Srivastava Ajay Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) (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 17, 2025 nishant BAIL No. 5315 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench