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2025 DAILYLAW 195531 (ALL)

HAWALDAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/12756/2024 · 2025-10-09

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. - 12756 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 192 of 2024, under Sections 64, 351(3) BNS and Section 67a Information Technology (Amendment) Act, 2008, P.S. Fatanpur, District Pratapgarh. 3. Learned counsel for the applicant argues that the FIR in question was lodged alleging that the victim used to harass the informant on the pretext of making her video viral and she was called at a secluded place at brick kiln and wrong was committed on her. In the statements made under Sections 180 and 183 BNSS the tentative age of the victim is around 48 years. The video as alleged is not even part of CDR. 4. Learned AGA has opposed the bail application. 5. Considering the medical report not suggesting the age of the victim and the video not being part of the CDR, however, without commenting upon the merits of the case, the applicant aged about 20 years who is in custody since 4.9.2024 and having no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Hawaldar 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: Versus Counsel for Applicant(s) : Ashish Kumar Tiwari, Lalji Yadav Counsel for Opposite Party(s) : G.A. Hawaldar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) (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 9, 2025 J. K. Dinkar BAIL No. 12756 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench