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2025 DAILYLAW 198687 (ALL)

MOHD. TARIQ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/9959/2025 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9959 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State as well as Mr. Shailendra Kumar, learned counsel for the informant, whose vakalatnama filed today is taken on record. 2. The accused-applicant seeks bail in FIR/Case Crime No.272 of 2025 under Sections 64(1) BNS and Section 3/4 of POCSO Act, P.S.- Fakharpur, District- Bahraich. 3. In terms of the FIR, it was alleged that the daughter of the informant, aged about 17 years, was left alone when the applicant came and started misbehaving with her, as the hue and cry was raised, people caught him, however, he ran away. No allegation of rape was leveled. In the statements of victim recorded under Sections 180 and 183 Cr.P.C., it was stated that rape was also committed but the medical on record does not corroborate with the aforesaid statements. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the medical on record not corroborating with the statements of victim coupled with the fact that the tentative age of the victim is 17 years and the applicant is in jail since 28.08.2025, the case for bail is made out. In view thereof, the application is allowed. 6. Let the applicant- Mohd. Tariq Ahmad be released on bail in aforesaid FIR/Case Crime Number subject to her 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: (a) The applicant shall not cause any interference in the life of the victim Versus Counsel for Applicant(s) : Pawan Kumar Sharma Counsel for Opposite Party(s) : G.A. Mohd. Tariq Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) and, in case, any interference is caused in her life, the victim would be at liberty to move a bail cancellation application. (b) The applicant shall execute a bond to undertake to attend the hearings; (c) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (d) 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 V. Sinha BAIL No. 9959 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench