Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 201300 (ALL)

PAWAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/7311/2025 · 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. - 7311 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.210 of 2025, under Sections 65(1), 78, 352, 351(3) BNS and Sections 3/4(2) POCSO Act, P.S. Bhira, District Lakhimpur Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the applicant caught hold of daughter of informant aged about 15 years and started misbehaving with her and also stated that he was in love affair and wanted to marry her. No allegations of rape was levelled. Subsequently in the statement under sections 180 and 183 BNSS the victim stated that around 10 to 15 days ago the applicant met her and wanted to take her which was refused. However she went with him and thereafter physical relation was formed and once again after 2 to 4 days she gone with him again and physical relation was formed. 4. Considering the two statements prima facie the victim had gone with the applicant on more than one occasion. The medical on record does not corroborate the allegations. There is no definite documents with regard to the age of the victim. 5. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Ashutosh Bajpai, Dhruv Ashish Counsel for Opposite Party(s) : G.A., Amar Nath Dubey, Aman Dwivedi, Ankit Dubey Pawan Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Considering the two statements, however, without commenting upon the merits of the case, the applicant who is in jail since 10.6.2025 and has criminal history of one case of minor offence is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Pawan Kumar 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 J. K. Dinkar BAIL No. 7311 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench