Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 195093 (ALL)

SHAHNAWAJ v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS

BAIL/7586/2025 · 2025-11-14

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. - 7586 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Perused the affidavit filed on 3.11.2025 alongwith vakalatnama. The contents of paragraph 3 and 4 of the said affidavit are sworn off as being incorrect. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 165 of 2025, under sections 87, 137(2), 65(1) BNS, Sections 3/4 POCSO Act, P.S. Mallawan, District Hardoi. 4. In terms of FIR it was alleged that daughter of the informant was enticed by applicant. Subsequently in her statement under Section 180 BNSS the victim did not support the prosecution story and stated that she had gone alongwith the applicant to Bangalore. In her statement under Section 183 BNSS also the victim did not support prosecution story. The tentative age of the victim is around 18 years. 5. Learned AGA has opposed the bail application. 6. Considering the said statement not supporting the prosecution story, however, without commenting upon the merits of the case, the applicant who is in jail since 18.6.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Vishwas Shukla, Ram Kumar Singh, Smriti, Vijay Kumar Singh Counsel for Opposite Party(s) : G.A. Shahnawaj .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s) 7. Let the applicant Shahnawaj 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. November 14, 2025 J. K. Dinkar BAIL No. 7586 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench