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2025 DAILYLAW 199790 (ALL)

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

BAIL/12924/2025 · 2025-12-18

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. - 12924 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Brijendra Pratap Singh Yadav holding brief of Ramakar Shukla, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.520 of 2025, under sections 137(2), 64 BNS, Sections 5/6 POCSO Act, P.S. Gosainganj, District Sultanpur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that sister of the informant aged about 17 years was enticed by by the applicant. Subsequently in her statement the victim did not support the prosecution story and admitted that physical relation were formed on her consent and the victim had gone to Hyderabad and both of them wanted to marry and marriage was solemnized in a temple also. 4. Learned counsel for the informant while opposing the bail application states that the marriage is not legal foundation as one of the parties is a Muslim. 5. Considering the facts and circumstances and without going into the contention at this stage and as the victim stated that both of them had married, however, without commenting upon the merits of the case, the applicant who is in jail since 29.10.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Shahbaz .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Shahbaz 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. 7. 7. In case any fact is found to be incorrect it would be open for the victim to apply for bail cancellation. December 18, 2025 J. K. Dinkar BAIL No. 12924 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench