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2025 DAILYLAW 200488 (ALL)

MOHD. HASSAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

/9643/2025 · 2025-10-13

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. - 9643 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No.353 of 2025, under Section 352, 351(2), 78, 70(2) BNS, Section 5/6 & 13/14 of POCSO Act & Section 67B of IT Act, P.S. Jalalpur, District Ambedkar Nagar. 3. The FIR in question was lodged alleging that daughter of the informant aged about 14 years was studying in school when the applicant made certain inappropriate videos viral on the Instagram which has resulted in mental harassment of the victim. It was also stated that there was apprehension that any untoward incident would be done. In the statement under Section 183 BNSS, the allegation of blackmail by showing inappropriate photos were made. No allegation of rape was levelled. The medical report on record does not indicate any injury and the hymen was also found to be intact. The tentative age of the victim is around 16 to 17 years. 4. Learned AGA has opposed the bail application. 5. Considering the statement under Section 183 BNSS and that in the FIR, there is no allegation of an offence under Section 5/6 of POCSO Act coupled with the fact that the applicant has no criminal antecedent and is in custody Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Mohd. Hassan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) since 15.08.2025, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohd. Hassan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 nishant BAIL No. 9643 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench