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2025 DAILYLAW 201277 (ALL)

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

/9778/2025 · 2025-10-14

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9778 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Wasim Ahmad, learned counsel for the informant and perused the record. None has appeared for the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No.96 of 2025, under Section 64(1), 351(3) BNS & Section 3/4 of POCSO Act, P.S. Imaliya Sultanpur, District Sitapur. 3. In terms of the FIR it was alleged that on the date of the incident, the daughter of the informant aged about 15 years had gone out of her home when the applicant committed wrong on her. In the statement under Section 180 BNSS, the victim stated that wrong was committed on her and when she shouted, he ran away. In the statement under Section 183 BNSS, the victim stated that wrong was committed on her. The medical on record done on the very next day does not support the allegation of use of force or recent penetrative injury. 4. Learned AGA has opposed the bail application. 5. Considering the medical report, the applicant who is in custody since 03.07.2025 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Arun Kumar Saxena Counsel for Opposite Party(s) : G.A. Kamal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home And 3 Others .....Opposite Party(s) 6. Let the applicant Kamal 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 14, 2025 nishant BAIL No. 9778 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench