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2025 DAILYLAW 198067 (ALL)

MOHD. ASGAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

BAIL/12517/2024 · 2025-11-14

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12517 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State; Shri Abhishek Ragav, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.193 of 2024, under Section 137(2), 87, 65(1), 61(2) BNS, Section 3/4 of POCSO Act & Section 3(2)5 of SC/ST Act, P.S. Talkatora, District Lucknow. 4. In terms of the FIR, a missing person report was lodged alleging that daughter of the informant aged about 15 years had gone to school and was enticed by some unknown person. Subsequently, in her statement under Section 180 BNSS, the victim admitted that she was talking to the applicant for the last two years through Instagram and she had left her home and had gone alongwith the applicant to Dehradun. A somewhat similar statement was given under Section 183 BNSS also. Tentative age of the victim is around 15 years. 5. Learned counsel for the informant argues that the victim has supported the prosecution case in the examination also. 6. Learned AGA has opposed the bail application. 7. Considering the fact that the medical on record does not corroborate the Versus Counsel for Applicant(s) : Riyaz Ahmad, Hemant Kumar Pandey, Osama Syed, Sheikh Mohammad Ali Counsel for Opposite Party(s) : G.A., Dr. Pooja Singh Mohd. Asgar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) allegation of anything wrong being done coupled with the fact that the applicant and the victim were close to each other for the last two years and the fact that the statement of the victim has already been recorded, the applicant who is in custody since 14.09.2024 and has criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Mohd. Asgar 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 14, 2025 nishant BAIL No. 12517 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench