LAL CHAND v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/1755/2025 · 2025-10-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190579 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190579 (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. - 1755 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No.283 of 2024, under Section 65(1), 351(3) of BNS & Section 3/4 of POCSO Act, P.S. Baskhari, District Ambedkar Nagar. 4. The FIR in question was lodged alleging that daughter of the informant was at home on 09.06.2024 and at about 09:30 AM the applicant entered into the home and forced the daughter aged about 14 years to make physical relations and thereafter committed wrong on her. The FIR was lodged on 06.09.2024 and the incident is said to be of 09.06.2024. 5. The statement of the victim was recorded before the medical authorities wherein she stated that around two years ago, the applicant had formed physical relations with her. Subsequently, my attention is drawn to the statement of the informant wherein she stated that the FIR was lodged on account of disputes in the family. 6. Although, learned AGA draws my attention to the statement of the victim recorded during trial wherein she stated that she did not want to compromise, however, the fact remains that there is huge variance in the Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Lal Chand .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
statement of the victim and the statement given before the medical authorities, and the same are not even corroborated by the medical on record. Even if the delay in lodging the FIR is not fatal, the huge variance coupled with the statement of the informant entitles the applicant for grant of bail, as such, the applicant who is in custody since 07.09.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7.
Let the applicant Lal Chand 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 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 nishant BAIL No. 1755 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench