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2025 DAILYLAW 201408 (ALL)

RAM NIWAS v. STATE OF U.P. THRU PRIN. SECY. HOME LKO. AND 3 OTHERS

/7368/2025 · 2025-10-14

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7368 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.84 of 2025, under Sections 137(2), 65(2) BNS, and Sections 5(m)/6 POCSO Act, P.S. Hardi, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the daughter of the informant was enticed by the applicant. The age of the daughter was shown as 13 years. Subsequently in the statement under Section 180 BNSS the victim did not support the prosecution story and stated that both of them went together to a different district and stayed there for one month and have also married. There is not definite documents regarding the exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the victim in her statement not supporting the prosecution story, however, without commenting upon the merits of the case, the applicant who is in jail since 30.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Ram Niwas 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) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Ram Niwas .....Applicant(s) State Of U.P. Thru Prin. Secy. Home 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 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. 7368 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench