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2025 DAILYLAW 200523 (ALL)

SANJAY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND 3 OTHERS

/9831/2025 · 2025-10-13

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9831 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the case diary as forwarded by learned AGA. None appears for informant despite service of notice. 2. The applicant seeks enlargement on bail in FIR No. 131 of 2025, under Sections 87, 137(2), 65(1) BNS and Sections 3/4 POCSO Act, P.S. Maharua, District Ambedkar Nagar. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the daughter of the informant was enticed by the applicant. The age of the daughter was disclosed as 13 years. Subsequently in two statements under sections 180 and 183 BNSS the victim disclosed her age as 18 years and stated that she had gone out of her own free will and had called the applicant on telephone and both of them had gone on train and nothing wrong was done to her. 4. Learned AGA has opposed the bail application. 5. In view two statements and there is nothing definite with regard to the age of the victim at this stage, however, without commenting upon the merits of the case, the applicant who is in jail since 30.7.2025 having no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Sanjay be released on bail in aforesaid FIR number Versus Counsel for Applicant(s) : Kuldeep Counsel for Opposite Party(s) : G.A. Sanjay .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) 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 J. K. Dinkar BAIL No. 9831 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench