Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 201262 (ALL)

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

/13347/2024 · 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. - 13347 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Mr. Shailesh Kumar Shukla, learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. The applicant seeks enlargement on bail in FIR No.528 of 2024, under Sections 137(2), 351(3), 65(2) B.N.S. and Section 5(m)/6 of POCSO Act, P.S. Kotwali Dehat, District- Bahraich. 3. In terms of the FIR, it has been alleged that the applicant used to misbehave with his own daughter aged about 11 years. In the statements of victim recorded under Sections 180 and 183 BNSS, she had leveled the allegation of misbehavior in the instance of her father. The medico-legal examination of the victim has been refused. 4. Learned AGA has opposed the bail application. 5. Considering the improbability of the allegation and enmity from a dispute in between the parents coupled with the fact that the applicant is in jail since 01.10.2024 having criminal history of one case which is a minor offence, he is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Sakir Ali 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: Versus Counsel for Applicant(s) : Vinod Kumar Pandey, Shailesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Kamal Kumar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) (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 she 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 V. Sinha BAIL No. 13347 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench