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2025 DAILYLAW 201453 (ALL)

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

/7355/2025 · 2025-10-14

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7355 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and Shri Pankaj Singh Chauhan, Advocate, holding brief of Shri Jai Pratap Singh, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 127 of 2025, under Sections 137(2), 87, 65(1) BNS, Sections 5/6 POCSO Act and Section 3(2)(v) SC/ST Act, P.S. Kheron, District Raebareli. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the daughter of the informant aged about 14 years was enticed by the applicant. Subsequently in the statement under Section 180 BNSS which is on record alongwith counter affidavit it was stated that she knew the applicant for the last 8 to 9 months and both use to stay as husband and wife. In the medical examination the age of the victim is around 16 to 17 years. 4. Learned AGA and learned counsel for the informant have opposed the bail application. 5. Considering that the statement of the victim is not supporting the prosecution story, however, without commenting upon the merits of the case, the applicant who is in jail since 18.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Mohammad Imaran Counsel for Opposite Party(s) : G.A., Jai Pratap Singh Akhilesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Akhilesh 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. 7355 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench