OM PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
BAIL/12432/2024 · 2025-10-15
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198224 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198224 (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. - 12432 of 2024 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.281 of 2024 under section 65(2), 118(1) BNS and 5M/6 POCSO Act, P.S. Mallawan, District Hardoi.
3. In terms of the FIR, it was alleged that the applicant, who was the owner of a shop had misbehaved with the daughter of the informant aged about 4 years and was touched inappropriately. Subsequently, in the statement under section 164 Cr.P.C., the allegations of inserting finger was also levelled. The said allegation is not corroborated by the medical report, which shows that the hymen was found to be intact. The applicant is aged about 74 years and is in custody since 27.07.2024.
4. Considering the medical report not corroborating the allegations and the age of the applicant, a case for bail is made out more so when the applicant is in custody since 27.07.2024. Thus the bail application is allowed.
5. Let the applicant Om Prakash 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: Versus Counsel for Applicant(s) : Ambica Tripathi Counsel for Opposite Party(s) : G.A. Om Prakash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s)
(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 15, 2025 VNP/- BAIL No. 12432 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench