DHARMESH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/3166/2025 · 2025-10-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190483 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190483 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3166 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. The applicant seeks enlargement on bail in FIR No.371 of 2024, under Sections 376, 504, 506 IPC and Section 5/6 of POCSO Act, Police Station Mall, District Lucknow. 3. The FIR in question was lodged alleging that the sister of the informant aged about 16 years was enticed by the applicant around 8 months ago and wrong was committed and the victim was carrying a fetus of 8 months. Subsequently, the statement of the victim has been brought on record, in which, she stated that she was in love with the applicant and a children was also born and subsequently after the birth of the child, the FIR in question was lodged. 4. It is also stated that the child was given in adoption. My attention is also drawn to the statement of the complainant to the effect that the age of the victim at the time of incident was 18 years. 5. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Avanindra Singh Parihar, Avanish Kumar Singh, Manoj Gupta, Shailendra Pathak, Sudhaker Prakash Counsel for Opposite Party(s) : G.A. Dharmesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
6. Considering the two statements of the victim, prima facie, the relationship was found on account of the consent of the parties and the fact that the applicant has no criminal antecedents and is languishing in jail since 06.12.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7.
Let the applicant Dharmesh 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. 3166 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