MUKESH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
/1523/2025 · 2025-10-14
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201493 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201493 (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. - 1523 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 perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.316 of 2024, under Section 64(1), 351(3) of BNS and Section 3/4 of POCSO Act, Police Station Behta Gokul, District Hardoi. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 16 years had gone to the agricultural field for digging the groundnut, the applicant had committed wrong on her. Subsequently, in the statement under Section 180 of BNS, the victim stated that when she had gone to the agricultural field, the applicant met and dragged her in the sugarcane field and committed wrong. She also stated that both of them thereafter gone to the groundnut field and dug the same together. In the statement under Section 183, the allegation of committing wrong was also levelled. In the said statement, she also disclosed old enmity in between the family of the victim and the applicant. The tentative age of the victim is 17 years. The medical on record does not corroborate the allegation of any force being used for committing the offence. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the medical on record and the statement under Section 183 Versus Counsel for Applicant(s) : Neeraj Sahu, Rajat Pratap Singh Counsel for Opposite Party(s) : G.A. Mukesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
of BNS and the fact that the applicant has no criminal antecedents and is languishing in jail since 16.10.2024, 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 Mukesh 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. 1523 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench