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2025 DAILYLAW 201595 (ALL)

SRIPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 4 OTHERS

BAIL/12736/2024 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12736 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No.341 of 2024, under Section 376AB, 323 IPC, Section 5(m)/6 of POCSO Act & Section 3(2)(V) of SC/ST Act, P.S. Mohammadpur Khala, District Barabanki. 3. In terms of the FIR it was alleged that daughter of the informant was aged about 7 years when the applicant misbehaved with her and inserted finger in her private parts. A somewhat similar statement was given, however, the medical does not corroborate the same and hymen was found to be intact. 4. Learned AGA has opposed the bail application. 5. Considering the allegations, prima-facie, the offence can be said to be under Section 7/8 of POCSO Act and not Section 3/5 of POCSO Act, as such, the applicant who is in custody since 17.06.2024 and has no criminal antecedents is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Sripal be released on bail in aforesaid FIR number on Versus Counsel for Applicant(s) : Abhay Raj Singh, Aditi Mishra, Anubhav Awasthi, Atul Kumar, Sourabh Pandey, Vinayak Tiwari Counsel for Opposite Party(s) : G.A. Sripal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 4 Others .....Opposite Party(s) 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 15, 2025 nishant BAIL No. 12736 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench