RAJENDRA @ KANCHAN BANWASI v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO. AND 3 OTHERS
BAIL/11115/2024 · 2025-10-27
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196046 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196046 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11115 of 2024
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA, perused the record and the report sent by the trial Court. 2. The applicant seeks enlargement on bail in FIR No.81 of 2024, under Section 376AB IPC & Section 5m/6 of POCSO Act, P.S. Jethwara, District Pratapgarh. 3. In terms of the FIR it was alleged that daughter of the informant aged about 10 years alone at home when the applicant has misbehaved with her; no allegations of rape was levelled. Subsequently, in the statement under Section 161 Cr.P.C., the victim did not allege any rape being committed. However, in the statement under Section 164 Cr.P.C., the victim allege the allegation of insertion of finger. Medical report on record does not corroborate the allegation as the hymen was found to be intact. Report of the trial Court indicates that all the prosecution witnesses have been examined. The applicant has no criminal antecedents and he is in custody since 09.05.2024.. 4. Learned AGA has opposed the bail application. 5. Considering the facts as narrated above and the report of the trial Court, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Avadhesh Mishra, Ram Sagar Counsel for Opposite Party(s) : G.A. Rajendra @ Kanchan Banwasi .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And 3 Others .....Opposite Party(s)
6. Let the applicant Rajendra @ Kanchan Banwasi 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.
October 27, 2025 nishant BAIL No. 11115 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench