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2025 DAILYLAW 195285 (ALL)

NIKHIL TRIPATHI @ SATYAM v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME CIVIL SECTT. LKO. AND 3 OTHERS

BAIL/12401/2025 · 2025-12-10

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. - 12401 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.486 of 2025, under Sections 137(2), 87, 65(1), 127(2) of BNS and Section 5/6 of POCSO Act, Police Station Kadipur, District Sultanpur. 3. In terms of the FIR, it was alleged that on 05.09.2025, the sister of the informant aged about 15 years went missing. No one was named in the FIR. Subsequently, in the statement under Section 180 of BNSS, the victim stated that she left her home and had gone with the applicant at Varanasi on motorcycle where they visited the temple and when the applicant asked her to drop her back, she insisted to stay in Varanasi because her mother had scolded her, however, in the statement under Section 183 of BNSS, the victim admitted that she had gone with the applicant on motorcycle to Varanasi where physical relations were formed. There is no definite document with regard to the exact age of the victim. The tentative age of the victim is around 15 years. 4. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Kaushalendra K. Tripathi, Avinash Tripathi, Krishna Kant Tripathi, Vaibhav Kumar Counsel for Opposite Party(s) : G.A. Nikhil Tripathi @ Satyam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s) 5. Considering the huge variance in the statements of the victim and the medical report not corroborating the allegations and the fact that the applicant has no criminal antecedents and is languishing in jail since 11.09.2025, 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 Nikhil Tripathi @ Satyam be released on bail in the aforesaid first information report 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. December 10, 2025 akverma BAIL No. 12401 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench