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2025 DAILYLAW 199833 (ALL)

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

BAIL/9307/2025 · 2025-10-08

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. - 9307 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. No one appears on behalf of the informant despite service of notice. 2. The applicant seeks enlargement on bail in FIR No.217 of 2025, under Section 65(1), 137(2) of BNS and Section 3/4 (2) of POCSO Act and Section 3(2)(v) of SC/ST Act, Police Station Beniganj, District Hardoi. 3. The FIR in question was lodged alleging that the daughter of the informant aged about 15 years became friendly to the applicant and on 24.05.2025, when the daughter was alone, the applicant took her on a motorcycle and thereafter committed wrong on her. It is stated that certain misappropriate photographs were also used to blackmail the victim. In the statement under Section 183 of BNSS, the victim stated that she was friendly to the applicant and used to talk on telephone and on the date of incident, the applicant took her on a motorcycle and committed wrong on her. The victim stated that on the date of incident, the applicant shown certain photographs on the mobile and threatened to upload the same on instagram. She went to the canal with the applicant where the applicant committed wrong. It was also stated that both the applicant and the victim were caught by the family members. As per the medical examination, she is around 15-16 years and the medical report does not support the allegation of forceful sexual intercourse. Versus Counsel for Applicant(s) : Ambica Tripathi, Ankit Prajapati Counsel for Opposite Party(s) : G.A. Rashid .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that there is no definite documents with regard to the exact age of the victim and the medical does not corroborate the use of force coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 26.05.2025, 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 Rashid 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. 9307 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench