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2025 DAILYLAW 199168 (ALL)

MUNESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/9579/2025 · 2025-10-08

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9579 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.76 of 2025, under Section 137(2), 87, 64(1) of BNS & Section 3/4 of POCSO Act, P.S. Kheri, District Lakhimpur Kheri. 3. The FIR in question was lodged as a missing person report against unknown persons. Subsequently, in the two statements under Section 180 & 183 BNSS, the victim did not support the prosecution story. The tentative age of the victim is around 16 years 2 months. It was also stated that both of them have married. In the two statements, the age of the victim has been disclosed as 20 years and 30 years respectively. The victim has refused to undergo medical examination. 4. Learned AGA has opposed the bail application. 5. Considering the two statements, the applicant who is in custody since 14.04.2025 and has no criminal antecedent is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Munesh 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) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Munesh .....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 8, 2025 nishant BAIL No. 9579 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench