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2025 DAILYLAW 197952 (ALL)

ABDUL HAKEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 4 OTHERS

BAIL/12664/2025 · 2025-12-18

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12664 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.88 of 2025, under Section 65(2), 351(3) BNS & Section 5(M)/6 of POCSO Act, P.S. Sadulla Nagar, District Balrampur. 3. In terms of the FIR, allegations were levelled that daughter of the informant reached home at about 3 PM and thereafter, after having lunch went to the orchard where the applicant called her, took her to a bathroom, blocked the door and thereafter, wrong was committed and when she was coming out with the applicant, some boys saw and the victim narrated the incident. The age of the victim is disclosed as 12 years. Subsequently, the victim refused to undergo medical examination. 4. Submission of learned counsel for the applicant is that it is a case of false prosecution as a civil dispute is going on in between the informant and the applicant being Suit No.537 of 2013. 5. Learned AGA has opposed the bail application. 6. Considering the fact that the victim has refused to undergo medical examination despite counselling, the prima-facie material to link the applicant with the offence in question is apparently missing, as such, the Versus Counsel for Applicant(s) : Iqbal Ahmad Counsel for Opposite Party(s) : G.A. Abdul Hakeem .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others .....Opposite Party(s) applicant who is in custody since 24.07.2025 having no criminal antecedents and is aged about 65 years, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Abdul Hakeem 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. December 18, 2025 nishant BAIL No. 12664 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench