MUKESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
BAIL/392/2025 · 2025-10-15
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198590 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198590 (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. - 392 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. This is the second bail application on behalf of the applicant who seeks enlargement on bail in FIR No.475 of 2023, under Section 363, 366, 376 IPC & Section 3/4 of POCSO Act, P.S. Haidergarh, District Barabanki.
3. The first bail application was dismissed as not pressed on 27.09.2024
4. In terms of the FIR it was alleged that daughter of the informant went missing. Subsequently, in the statement under Section 161 Cr.P.C., the victim stated that she was called and thereafter, she was taken by the applicant and his sister-in-law. It is argued that during trial, the victim has been declared hostile and has not supported the prosecution.
5. Learned AGA has opposed the bail application.
6. Considering the aforesaid, the applicant, who is in custody since 31.12.2023 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed.
7. Let the applicant Mukesh Kumar 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: Versus Counsel for Applicant(s) : Shailendra Kumar Tiwari, Ashok Kumar Mishra Counsel for Opposite Party(s) : G.A. Mukesh Kumar .....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 nishant BAIL No. 392 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench