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2025 DAILYLAW 198426 (ALL)

PANKAJ NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/9680/2025 · 2025-10-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9680 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Sujeet Kumar Sahu, learned counsel for the complainant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.241 of 2025, under Section 64(1), 351(3), 331(4) BNS and Section 3/4 of POCSO Act, P.S. Maharajganj, District Ayodhya. 3. The FIR in question was lodged alleging that the daughter of the informant was at home on 05.08.2025 when the applicant entered inside the home and after throwing her on the floor committed wrong on her. When the brother of the victim came, the applicant ran away by issuing threats. 4. In the light of the said, learned counsel for the applicant draws my attention to the statement of the victim wherein similar allegations were levelled that wrong was committed on her against her consent. A somewhat similar statement was given under Section 183 BNSS also. The medical of the victim was done after three days of the incident which did not support the allegations as levelled; no injury was noticed as alleged in the FIR and the two statements. The tentative age of the victim, as per the high school marksheet, is about 17 years. 5. Learned counsel for the informant argues that the same victim had lodged an earlier FIR against the applicant under Section 354, 323, 504, Versus Counsel for Applicant(s) : Amrendra Singh Counsel for Opposite Party(s) : G.A. Pankaj Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 506 IPC & Section 4/8 of POCSO Act in which the applicant was enlarged on bail and now he has committed the same offence again. 6. Learned AGA has opposed the bail application. 7. Considering the fact that there is a reasonable delay in lodging the FIR on 08.08.2025 when the incident allegedly took place on 05.08.2025 coupled with the fact that the medical does not corroborate the allegation and the statements under Section 180 & 183 BNSS are also inherently improbable, the applicant who is in custody since 08.08.2025 and has no criminal antecedent apart from the FIR lodged by the same informant, is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Pankaj Nishad 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. October 9, 2025 nishant BAIL No. 9680 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench