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2025 DAILYLAW 197513 (ALL)

RATNESH v. STATE OF U.P THRU. PRIN. SECY. HOME GOVT. CIVIL SECTT. LKO. AND 4 OTHERS

BAIL/11175/2025 · 2025-11-17

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11175 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None appears for the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No. 215 of 2025, under sections 64, 352, 351(3) BNS, Sections3/4 POCSO Act, P.S. Akhandnagar, District Sitapur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that allegations were levelled that niece of the informant aged about 15 years was sleeping when the applicant came and formed physical relation against her consent and thereafter ran away. In the statement under Section 183 BNSS the victim stated that she used to talk to the applicant for last eight months and on the date of the incident she was taken out of her home and wrong was committed at separate place and when her parents came the applicant ran away. The victim refused to undergo medial examination. There is no definite document with regard to exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the victim has refused to undergo medial examination, however, without commenting upon the merits of the case, the applicant who is in jail since 2.8.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Dr. Pooja Singh, Abhishek Yadav Counsel for Opposite Party(s) : G.A Ratnesh .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Govt. Civil Sectt. Lko. And 4 Others .....Opposite Party(s) 6. Let the applicant Ratnesh 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. November 17, 2025 J. K. Dinkar BAIL No. 11175 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench