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2025 DAILYLAW 199520 (ALL)

VINOD KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND OTHERS

BAIL/12747/2025 · 2025-12-19

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. - 12747 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Ms. Saima Khan, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.292 of 2025, under Sections 65(1), 137(2), 351(3) of BNS & Section 3(2)/4 of POCSO Act, P.S. Banthara, District Lucknow. 3. In terms of the FIR allegations were levelled that daughter of the informant aged about 14 years was enticed by the applicant on the pretext of bringing some money and thereafter, wrong was committed on her. In the statements under Sections 180 & 183 BNSS, victim reiterated the said version and alleged that she was thrown in bushes and wrong was committed. Medical on record done on 16.08.2025 does not corroborate the allegation and even hymen was found to be intact; no marks of injury was seen on the body of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the statement of the victim not corroborated by the medical on record, prima-facie, false prosecution cannot be ruled out, as such, the applicant who is in custody since 19.08.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Ramakant Sahu, Akansha Pathak, Suryansh Pandey, Vinay Kumar Counsel for Opposite Party(s) : G.A. Vinod Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And Others .....Opposite Party(s) 6. Let the applicant Vinod Kumar 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. December 19, 2025 nishant BAIL No. 12747 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench