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2025 DAILYLAW 197909 (ALL)

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

BAIL/12308/2025 · 2025-12-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12308 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 applicant seeks enlargement on bail in FIR No. 275 of 2021, under sections 376DA IPC, Sections 5G/6 POCSO Act, Sections 3(2)(5) SC/ST Act, P.S. Mitauli, District Lakhimpur Kheri. 3. Learned counsel for the applicant argues that co accused Nikhil Kumar Mishra with similar allegations was granted bail vide order dated 5.3.2022 mainly on the ground that he was juvenile. It is argued that in terms of allegations it was alleged that both the accused had committed wrong on the victim. Medical on record does not corroborate the the said allegations. It is argues that applicant is very poor as such the applicant may be enlarged on bail on his furnishing personal bonds only. 4. Learned AGA has opposed the bail application. 5. Considering the medical on record does not corroborate the allegations and co accused was enlarged on bail and the pre trial detention suffered by the applicant of almost four and ½ years, however, without commenting upon the merits of the case, the applicant who is in jail since 17.8.2021 and has criminal history of one case is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Monu be released on bail in aforesaid FIR number on Versus Counsel for Applicant(s) : Sushil Pandey Counsel for Opposite Party(s) : G.A. Monu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) his furnishing a personal bond 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. December 10, 2025 J. K. Dinkar BAIL No. 12308 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench