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2025 DAILYLAW 199083 (ALL)

SHAHID @ ARSHAD v. STATE OF U.P.THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/12230/2025 · 2025-12-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12230 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.186 of 2025, under Sections 87, 137(2), 64(2), 69 of BNS and Section 3/4 of POCSO Act, Police Station Saadatganj, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 17 years was enticed by the applicant. In the statement under Section 180 of BNSS, the victim stated that for the last one year, he used to talk on telephone and on the false pretext of marriage, physical relations were also formed in between them. Subsequently, a court marriage was also promised. Somewhat similar statement was given under Section 183 of BNSS. The medical on record does not corroborate any allegation of use of force. The tentative age of the victim is around 17 years. There is no definite document with regard to the exact age of the victim. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statement of the victim and the relationship lasted over a span of one year and the medical report not corroborating the allegations and the fact that the applicant has no criminal antecedents and is Versus Counsel for Applicant(s) : Jay Kumar Soni, Amar Nath Mishra Counsel for Opposite Party(s) : G.A. Shahid @ Arshad .....Applicant(s) State Of U.P.Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) languishing in jail since 24.07.2025, 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 Shahid @ Arshad be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable 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. December 10, 2025 akverma BAIL No. 12230 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench