VIRENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS
BAIL/12606/2024 · 2025-10-08
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 199823 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 199823 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12606 of 2024 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.252 of 2024, under Section 64(1), 351 (3) of BNS and Section 3/4 of POCSO Act, Police Station Nasirabad, District Raebareli. 3. In terms of the FIR, it was alleged that the daughter of the informant was at home when the applicant caught her and threatened her and thereafter ran away. No allegation of rape was levelled, however, in the statement under Sections 180 and 183 of BNSS, the victim stated that on the date of incident at about 12:00, the applicant came and committed wrong on her and when her mother came, he ran away. The medical on record does not corroborate the allegation. The tentative age of the victim is around 17 years and three months. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the huge variance in the FIR and the statements of the victims; the medical report does not corroborate the prosecution story and the fact that the applicant has no criminal antecedents and is languishing in jail since 29.08.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Anita Singh, Suman Lata Counsel for Opposite Party(s) : G.A. Virendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others .....Opposite Party(s)
7. Let the applicant Virendra Kumar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two 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 8, 2025 akverma BAIL No. 12606 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench