MOHD. AHMAD @ SALMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/602/2025 · 2025-11-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198069 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198069 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 602 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.236 of 2024, under Sections 65(2), 127(2) of BNS; Section 5/6 of POCSO Act and Sections 3(2)(v) of SC/ST Act, Police Station Maharajganj, District Ayodhya/ Faizabad. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 4 years had to her grand maternal home when the applicant allegedly removed her cloths and wrong was done to her. In the statement under Section 183 of BNSS, the victim aged about 4 years stated that wrong was done to her. The medical on record did not show the presence of any injury in the internal part and the hymen was also found to be intact. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the medical report, prima facie, the allegation of penetrative sexual assault as defined under Section 3/5 of POCSO Act is apparently not corroborated; the offence under Section 7/8 is punishable for a term of 5 years and the fact that the applicant is languishing in jail Versus Counsel for Applicant(s) : K.K. Singh, Faizal Hashmi, Zoheb Ahmad Counsel for Opposite Party(s) : G.A. Mohd. Ahmad @ Salman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
since 26.08.2024 and the criminal antecedents have been duly explained, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Mohd.
Ahmad @ Salman be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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 10, 2025 akverma BAIL No. 602 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench