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2025 DAILYLAW 201241 (ALL)

KANHAIYA MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

/9787/2025 · 2025-10-14

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9787 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 applicant seeks enlargement on bail in FIR No.105 of 2025, under Section 137(2), 87, 65(1) BNS, Section 5/6 of POCSO Act & Section 3(2)(V) of SC/ST Act, P.S. Khiron, District Rae Bareli. 3. In terms of the FIR it was alleged that the applicant had enticed the daughter of the informant. The victim disclosed her age as 19 years and did not support the prosecution and stated that she had gone with the applicant earlier to Gorakhpur and then Delhi. The tentative age of the victim is around 19 years. 4. Learned AGA has opposed the bail application. 5. Considering the two statements not supporting the prosecution, the applicant who is in custody since 28.05.2025 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Kanhaiya Mishra 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) : Rakesh Kumar Mishra, Shri Prakash Pandey Counsel for Opposite Party(s) : G.A. Kanhaiya Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of 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. 9787 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench