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2025 DAILYLAW 199922 (ALL)

SUDHAKAR MANI TIWARI v. STATE OF UP. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.

BAIL/9602/2025 · 2025-10-08

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9602 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.561 of 2024 under section 64(2)(m), 308(2), 351 (3) BNS, P.S. Kotwali Dehat, District Balrampur. 3. The FIR in question was lodged alleging that the informant was married to one Monu and, a divorce case was going on in between them and in October 2022, when the victim met the applicant, who according to her is an advocate, he formed physical relations by making false promises. In the statement under section 183, it was stated that the victim had given an amount of Rs.10,000/- to the applicant and when she asked for return, he refused to return the money and thereafter she was called at a Hotel and after administering something in the cold drinks, relations were formed. The medical on record does not corroborate any of the said allegations. 4. Considering the statements made under section 183 BNSS which is highly improbable, the age of the victim as well as the medical not corroborating the allegations, a case for bail is made out. The applicant is in custody since 07.09.2025 and the criminal antecedents, which is minor in nature, as explained in para 33, the applicant is entitled for the bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Santosh Kumar Dubey, Pooja Devi Counsel for Opposite Party(s) : G.A. Sudhakar Mani Tiwari .....Applicant(s) State Of Up. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) 5. Let the applicant Sudhakar Mani Tiwari 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. 9602 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench