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2025 DAILYLAW 199380 (ALL)

MAHARISHI NIGAM @ RISHI NIGAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/11602/2024 · 2025-10-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11602 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Rajesh Kumar Srivastava, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.170 of 2024, under Section 127(2), 75(2), 351(2), 65(2) of BNS & Section 5/6 of POCSO Act, P.S. Bazar Khala, District Lucknow. 3. In terms of the FIR it was alleged that daughter of the informant aged about 10 years used to go to school on a vehicle driven by the applicant who used to inappropriately touch her. Subsequently, in the two statements, the victim did not corroborate the allegation of a penetrative sexual assault as defined under Section 3/4 of POCSO Act. The only allegation was with regard to inappropriately touching her. 4. Learned counsel for the informant draws my attention to the statement of the victim recorded during trial in which once again there is no allegation of any penetrative sexual assault as against the applicant. 5. Learned AGA has opposed the bail application. 6. Considering the fact that the allegation and the evidence prima-facie point Versus Counsel for Applicant(s) : Subhash Pandey, Akhilesh Kumar Mishra, Arpit Dwivedi, Desh Deepak Singh, Mohd Irfan, Piyush Tripathi Counsel for Opposite Party(s) : G.A., Anil Kumar Mishra, Praveen Singh, Rajesh Kumar Srivastava Maharishi Nigam @ Rishi Nigam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) out towards the offence under Section 7/8 of POCSO Act which in punishable for a term of five years, the applicant who is in custody since 23.08.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Maharishi Nigam @ Rishi Nigam 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: (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 nishant BAIL No. 11602 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench