Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 199007 (ALL)

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

BAIL/5678/2025 · 2025-10-27

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5678 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.83 of 2025, under Sections 137(2), 65(1) of BNS and Section 5/6 of POCSO Act, Police Station Rajesultanpur, District Ambedkar Nagar. 3. The FIR in question was lodged alleging that the daughter of the informant aged about 17 years was enticed by the applicant. Subsequently, her statement under Section 180 of BNSS, the victim did not support the prosecution story. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the age of the victim as disclosed as 17 years; the statement under Section 180 of BNSS, the applicant has no criminal antecedents and is in custody since 26.04.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Vishram Nishad be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable Versus Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A., Shailesh Kumari, Vyas Narayan Shukla Vishram Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 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. 5678 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench