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2025 DAILYLAW 196324 (ALL)

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

BAIL/9686/2025 · 2025-10-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9686 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.111 of 2025 under sections 70(2), 137(2) and 351(3) BNS and section 5(G)/6 POCSO Act, P.S. Nasirabad, District Rae Bareli. 3. The FIR in question was lodged, alleging that the daughter of the informant, aged about 17 years, was taken by use of force by the applicant, and a wrong was committed. When she raised hue and cry, the son-in-law of the informant reached the spot, and the applicant ran away. In the statement under section 180 BNSS, the victim admitted that she knew the applicant for a sufficient time, and they used to talk to each other. The medical of the victim did not corroborate the allegations. In the statement under section 183, there was drastic variance in which the allegations were levelled that apart from the applicant, two other persons were there who had caught hold of her, and wrong was committed. 4. Considering the huge variance in the two statements, and the medical examination not corroborating any of the allegations of force being used, a case for bail is made out. The applicant, who has been in custody since August 3, 2025, and has no criminal history, is entitled to bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Mohammad Imaran, Ruby Singh Counsel for Opposite Party(s) : G.A. Mohd. Junaid .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) 5. Let the applicant Mohd. Junaid be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 9, 2025 VNP/- BAIL No. 9686 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench