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2025 DAILYLAW 201232 (ALL)

SHIVAM v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND 3 OTHERS

/9786/2025 · 2025-10-14

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. - 9786 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State; Shri D.K. Pandey, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.253 of 2024, under Section 70(2) BNS & 5/6 of POCSO Act, P.S. Gadaganj, District Rae Bareli. 4. In terms of the FIR it was alleged that daughter of the informant was enticed by some unknown persons. In the two statements, the victim did not support the prosecution and stated that on account of fight in the family, she had left. The medical also does not corroborate the allegation. The tentative age of the victim as disclosed in the statement is around 16 years. 5. Learned AGA has opposed the bail application. 6. Considering the two statements not supporting the prosecution, the applicant who has no criminal antecedent and is in custody since 24.02.2025 is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Shivam 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; Versus Counsel for Applicant(s) : Veer Bahadur Yadav Counsel for Opposite Party(s) : G.A. Shivam .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And 3 Others .....Opposite Party(s) (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 14, 2025 nishant BAIL No. 9786 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench