MOHD. KAISH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/6513/2025 · 2025-11-17
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 194820 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194820 (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. - 6513 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, Shri Brijesh Kumar Verma, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.50 of 2025, under sections 69, 351(3) BNS and Sections 5/6 POCSO Act, P.S. Chinhat, District Lucknow. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 15 years was threatened and on false pretext of marriage rape was committed. It is also stated that daughter of informant tried to commit suicide. In her statement under Section 180 BNSS the victim stated that she came in contact with the applicant in the February 2024 and on false pretext of marriage physical relation were formed in March 2024 and thereafter physical relation were formed on various occasions. The tentative age of the victim is around 16 years as per medial examination. There is no other document regarding exact age of the victim. 5. Learned AGA and learned counsel for the informant have opposed the Versus Counsel for Applicant(s) : Prashant Pandey, Anurag Kumar Verma, Girish Kumar Pande, Rama Kant Giri Counsel for Opposite Party(s) : G.A., Brijesh Kumar Verma, Himanshu Singh Patel Mohd. Kaish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
bail application. 6. Considering the fact that the relationship admitted to be continued over long span of time on alleged false pretext of marriage, however, without commenting upon the merits of the case, the applicant who is in jail since 17.2.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Mohd.
Kaish 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. 8. However, trial court is directed to expedite the trial. November 17, 2025 J. K. Dinkar BAIL No. 6513 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench