IRFAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
BAIL/9594/2025 · 2025-10-08
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199878 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199878 (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. - 9594 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.383 of 2025 under sections 74, 77, 333, 351 (3), 65(1) BNS and 3/4(2), 9M/10 POCSO Act, P.S. Padua, District Lakhimpur Kheri. 3. The FIR in question was lodged alleging that two daughter of the informant aged about 15 years and 12 years were living with her and the applicant used to misbehaved with her and had taken some inappropriate photos and used to threaten, however, no allegation of rape were levelled. The FIR was lodged on 16.07.2025. Subsequently, in the statement under section 183, the victim stated that on the date of incident i.e. on 16.07.2025 when she and her sister were lying, the applicant came in the home and after showing the gun, asked to remove the cloths and also committed wrong on her. The victim's medical examination was done, which does not indicate any use of force or otherwise. The tentative age of the victim, as per the medical examination is, sixteen years. 4. Considering the medical report on record and the improbability of the statement recorded under section 183 and the fact that the applicant has no criminal history and is in custody since 17.07.2025, prima-facie a case for bail is made out. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Irfan .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s)
5.
Let the applicant Irfan be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 VNP/- BAIL No. 9594 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench