GANESH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
/7387/2025 · 2025-10-14
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201443 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201443 (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. - 7387 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The applicant seeks enlargement on bail in FIR No.166 of 2025, under Sections 65(1) of B.N.S. and Section 3/4 of POCSO Act, P.S. Kotwali Dehat, District- Balrampur. 3. In terms of the FIR, it was alleged that the daughter of the informant, aged about 15 years had gone to the shop of the applicant and he misbehaved with her but no allegation of rape was levelled. In the statement of victim recorded under Section 180 BNSS, she reiterated the FIR version and no allegation of rape was levelled against the applicant. However, in the statement of victim recorded under Section 183 BNSS, she made allegation of rape against the applicant for the first time which does not corroborate with the FIR version as well as the statement of victim recorded under Section 180 BNSS. 4. Learned AGA has opposed the bail application. 5. Considering the material on record and the contradiction in the statements of victim and the medical ground for dismissing the allegation of rape coupled with the fact that the applicant is in jail since 17.08.2025 having no criminal antecedents, he is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Piyush Kumar Singh Counsel for Opposite Party(s) : G.A., Faizal Hashmi Ganesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
6. Let the applicant Ganesh 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 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. 7387 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench