NAJISH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS
/9841/2025 · 2025-10-13
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 200317 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 200317 (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. - 9841 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. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.235 of 2025, under Sections 87, 137 (2), 70(1), 109, 61 (2) of BNS and Section 5G/6 of POCSO Act, Police Sttion Pihani, Distirct Hardoi. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 16 years had gone out of the house, three persons named in the FIR including the applicant committed wrong on her. In the statement under Section 180 of BNSS, the victim stated that the applicant caught hold her hand and the co-accused Akib caught hold her legs and third accused, namely, Arman had committed rape on her. No allegation against the applicant was levelled. The medical on record does not corroborate the allegation and the co-accused Akib has been enlarged on bail by the trial court itself. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the allegations to be levelled against the applicant and the co-accused on similar allegation has been enlarged on bail by the court below and the fact that the applicant has no criminal antecedents and is languishing in jail since 24.06.2025, I am of the view that the applicant is Versus Counsel for Applicant(s) : Avnish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Najish .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s)
entitled to be released on bail. Accordingly, the bail application is allowed . 6.
Let the applicant Najish be released on bail in the aforesaid first information report 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 13, 2025 akverma BAIL No. 9841 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench