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2025 DAILYLAW 196896 (ALL)

ANKAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

BAIL/11328/2024 · 2025-11-21

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11328 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the respondent despite notice. 2. The applicant seeks enlargement on bail in FIR No.0318 of 2024, under Section 65(1) BNS & Section 3/4(2) of POCSO Act, P.S. Khairabad, District Sitapur. 3. In terms of the FIR it was alleged that daughter of the informant had gone out of home when the applicant took her in a room and misbehaved with her; no allegation of rape was levelled. In the statement under Section 180 BNSS also, no allegation was levelled, however, in the statement under Section 183 BNSS, allegation of rape was levelled. Medical report on record does not corroborate the allegation. Tentative age of the victim is around 13 years. 4. Learned AGA has opposed the bail application. 5. Considering the huge inconsistencies in the two statements, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Ankaj be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the Versus Counsel for Applicant(s) : Shrayansh Verma, Akhil Bajpai, Ambrish Kumar Dwivedi, Madima Trivedi, Uma Kant Counsel for Opposite Party(s) : G.A. Ankaj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) 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. November 21, 2025 nishant BAIL No. 11328 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench