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2025 DAILYLAW 198418 (ALL)

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

/12261/2025 · 2025-12-08

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12261 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for respondent no.2 despite notice. 2. The applicant seeks enlargement on bail in FIR No.65 of 2025, under Section 65(1), 352 BNS & Section 3/4(2) of POCSO Act, P.S. Kandhai, District Pratapgarh. 3. In terms of the FIR allegations were levelled that daughter of the informant aged about 16 years was enticed and taken away by the applicant and she was beaten up and when the family members resisted, he ran away; no allegation of rape was levelled. In the statement under Section 180 BNSS, the victim alleged that wrong was also committed on her. In the statement under Section 183 BNSS, the victim alleged that wrong was committed and subsequently, when people arrived they beat up both the applicant as well as the victim. 4. Statement of one of the witnesses is also on record wherein it was revealed that both of them were on a secluded place and were caught in a compromising position and when opposed, the applicant ran away. Tentative age of the victim is around 17 years. Medical on record does not indicate presence of any injury. Versus Counsel for Applicant(s) : Surya Prakash Tiwari, Abhishek Yadav, Dr. Pooja Singh Counsel for Opposite Party(s) : G.A. Rahul .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) 5. Learned AGA has opposed the bail application. 6. Considering the statement of the witness as well as the statement under Section 183 BNSS, the applicant who is in custody since 04.06.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Rahul 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. December 8, 2025 nishant BAIL No. 12261 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench