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2025 DAILYLAW 194899 (ALL)

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

BAIL/5888/2025 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5888 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. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.99 of 2025, under Sections 64(1), 137(2), 87 of BNS and Section 3/4 of POCSO Act, Police Station Mishrikh, District Sitapur. 3. In terms of the FIR, it was alleged that the daughter of the informant was enticed by some unknown person. Subsequently, in the statement under Section 161 of Cr.P.C., the victim did not support the prosecution story and stated that she was in love with the applicant. The tentative age of the victim is 16 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the two statements of the victim not supporting the prosecution story and the fact that the applicant has no criminal antecedents and is languishing in jail since 10.05.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Lavkush be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable Versus Counsel for Applicant(s) : Rajiv Raman Srivastava Counsel for Opposite Party(s) : G.A. Lavkush .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 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 15, 2025 akverma BAIL No. 5888 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench