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2025 DAILYLAW 195405 (ALL)

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

BAIL/5792/2025 · 2025-10-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5792 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Saurabh Mishra, learned counsel for the applicant as well as learned A.G.A. and Sri Prashant Tiwari, learned Counsel for the complainant. 2. The applicant seeks enlargement on bail in FIR No.52 of 2025, under Sections 137(2), 65(1) of BNS; Section 3/4(2) of POCSO Act and Section 3(2)(v) of SC/ST Act, Police Station Jarwal Road, District Bahraich. 3. In terms of the FIR, it was alleged that some unknown person had enticed the daughter of the informant aged about 13 years. Subsequently, in the statement under Section 180 of BNSS, the victim stated that she knew the applicant for the last four months and talking with him on mobile phone, although, the allegation of committing wrong was levelled. Somewhat similar statement was given under Section 183 of BNSS. The tentative age of the victim is around 17 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the two statements of the victim; the medical report does not corroborating the allegation of force being used coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 13.03.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Neeraj Kumar Mishra, Saurabh Mishra Counsel for Opposite Party(s) : G.A., Dhananjay Tiwari, Prashant Tiwari Mohd. Hasim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Mohd. Hasim 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. October 27, 2025 akverma BAIL No. 5792 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench