ABHISHEK MISHRA v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS
/49/2025 · 2025-10-14
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201304 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201304 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 49 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and learned Counsel for the informant. 2. The applicant seeks enlargement on bail in FIR No.381 of 2024, under Sections 64(2)m, 65(1), 308(5), 351(3), 352, 317 (2) of BNS; Sections 66, 66C, 66D of IT Act and Section 5L/6 of POCSO Act, Police Station Krishna Nagar, District Lucknow. 3. In terms of the FIR, it was alleged that certain amounts were withdrawn unauthorizedly from the account of the informant. Subsequently on investigation, the statement of the victim was recorded, who disclosed her age as 17 years. She admitted that she had become friendly with the applicant and thereafter emotionally attached with him. She also stated that the applicant had committed wrong on her and made a video and threatened the victim to pay loan of rupees seven lac due on the applicant. A similar statement was given under Section 183 of BNS. Based upon the said two statements, the applicant was charged for an offence under Section 64(2)m and 65(1) along with other sections. 4. Learned A.G.A. as well as learned Counsel for the informant vehemently opposed the bail prayer. 5. Considering the statements of the victim wherein the victim aged about Versus Counsel for Applicant(s) : Sunil Dixit, Desh Deepak Singh, Sandeep Kumar Pal, Varun Chandra Counsel for Opposite Party(s) : G.A., Vijai Vikram Singh, Vishal Kumar Upadhyay Abhishek Mishra .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And 3 Others .....Opposite Party(s)
17 years admitted to have become emotionally attached with the applicant and physical relations with the applicant and the fact that the applicant has no criminal antecedents and is languishing in jail since 24.09.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6.
Let the applicant Abhishek Mishra be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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 akverma BAIL No. 49 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench