MAHENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
BAIL/9428/2025 · 2025-10-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198150 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198150 (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. - 9428 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 accused-applicant seeks bail in FIR/Case Crime No.0276 of 2025 under sections 64(1) 333, 351(3) BNS, P.S. Unchahar, District Rae Bareli. 3. The FIR in question was lodged on 15.07.2025 alleging that the victim and the applicant were residing in the same village and the applicant used to having an evil eye on the informant and when she was alone at home, the applicant entered into the home and inappropriately misbehaved with her. It was also stated that the applicant used to threaten the victim. It was also stated that the wrong was committed on her after showing the knife. It was also threatened that the husband of the informant shall be killed in case she informed anyone. In the statement under section 180 BNSS, it was stated that physical relations were formed in between them on various occasions. A similar statement was given under section 183 BNSS. 4. The contention of the counsel for the applicant is that FIR was lodged on 15.07.2025 whereas the incident is said to have occurred on 01.06.2025. It is stated that the informant is aged about 24 years and the medical does not corroborate any of the allegations levelled. 5. Considering the two statements and the substantial delay in lodging the FIR as well as apart from the statement, there being no corroboratory Versus Counsel for Applicant(s) : Dinesh Chandra, Surya Prakash Counsel for Opposite Party(s) : G.A., Atul Verma, Somesh Tripathi Mahendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s)
evidence and the applicant who has no criminal history and is in jail since 05.08.2025, prima-facie, a case for bail is made out. Thus the bail application is allowed. 6.
Let the applicant Mahendra Kumar be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. October 7, 2025 VNP/- BAIL No. 9428 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench