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2025 DAILYLAW 199166 (ALL)

ALTAF @ SHAHIBE ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

BAIL/601/2025 · 2025-10-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 601 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. No one appears on behalf of the informant despite service of notice. 3. The applicant seeks enlargement on bail in FIR No.655 of 2024, under Sections 65(1), 352 of BNS and Section 3/4 (2) of POCSO Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar. 4. In terms of the FIR, it was alleged that the daughter of the informant aged about 15 was caught hold by the applicant on 26.10.2024 and wrong was committed by him. In the statement under Section 183 of BNSS, the victim stated that both of them had closed to each other and like each other and used to talk on telephone. The medical on record does not indicate any use of force. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the statements of the victim not supporting the prosecution story; the medical examination report; there is no definite document with regard to the age of the victim; the fact that the applicant has no criminal antecedents and is languishing in jail since 28.10.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Altaf @ Shahibe Alam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) 7. Let the applicant Altaf @ Shahibe Alam be released on bail in the abovesaid first information report number 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. October 27, 2025 akverma BAIL No. 601 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench