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2025 DAILYLAW 199685 (ALL)

ALOK TIWARI v. THE STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

BAIL/5947/2025 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5947 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. 2. The applicant seeks enlargement on bail in FIR No.150 of 2025, under Sections 65(1), 353(3) of BNS Act and Section 3/4 of POCSO Act, Police Station Payagpur, District Bahraich. 3. In terms of the FIR, it was alleged that that the minor daughter of the informant aged about 14 years was enticed by the applicant. In the statements under Section 180 and 183 of BNSS, the victim did not support the prosecution story and stated that she had gone out of her own freewill. The tentative age of the victim is around 14 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statements of the victim not supporting the prosecution story; there is no definite documents with regard to the exact age of the victim; the fact that the applicant has no criminal antecedents and is languishing in jail since 19.05.2025, 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 Alok Tiwari be released on bail in the abovesaid first information report number on his furnishing personal bonds and two Versus Counsel for Applicant(s) : Arvind Kumar Tiwari Counsel for Opposite Party(s) : G.A., Shailendra Kumar Alok Tiwari .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) 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 15, 2025 akverma BAIL No. 5947 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench