SHOAIB v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/2265/2025 · 2025-10-27
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198251 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198251 (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. - 2265 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.29 of 2025, under Sections 65(1), 351 (3), 352 BNS and Section 5(L)/ 6 of POCSO Act, Police Station Subeha, District Barabanki. 3. In terms of the FIR, it was alleged that the daughter of the informant was taken by the use of force and wrong was committed by the applicant. In the statement under Section 183 of BNSS, the victim stated that the physical relation was formed in between them on earlier two occasions and also they got Nikah. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that there is no definite document with regard to the exact age of the victim; the statement of the victim recorded under Section 183 of BNSS coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 28.01.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, Versus Counsel for Applicant(s) : Ram Saran Awasthi, Abhishek Awasthi, Amit Tewari, Anil Kumar Mishra, Arun Chand Pandey, Lalit Kishore Tiwari, Ram Bahadur Maurya, Sheikh Mohammad Ali Counsel for Opposite Party(s) : G.A. Shoaib .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
the bail application is allowed. 6. Let the applicant Shoaib 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.
October 27, 2025 akverma BAIL No. 2265 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench