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2025 DAILYLAW 201742 (ALL)

KAMLESH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/877/2025 · 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. - 877 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. 2. The applicant seeks enlargement on bail in FIR No.47 of 2021, under Sections 363, 376 IPC and Section 3/4 of POCSO Act, Police Station Fatehpur Chaurasi, District Unnao. 3. In terms of the FIR, it was alleged that the daughter of the informant was at the home of her aunt (Bua), the applicant reached there and taken her on his motorcycle on the pretext that her mother called her. It was also alleged that the wrong was committed on the victim. 4. It is argued by the Counsel for the applicant that the applicant is in custody since 16.02.2021 and the statement of the victim has already been recorded, who has supported the averment of the FIR. It is further argued that the applicant has no criminal antecedents. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that the applicant has suffered pre-trial detention of four years and eight months and there is no likelihood of the trial being concluded in near future; the statement of the victim, handed over at the Bar, is on record and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial, I Versus Counsel for Applicant(s) : Gulam Mustafa Counsel for Opposite Party(s) : G.A. Kamlesh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Kamlesh be released on bail in the abovesaid first information report number 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 15, 2025 akverma BAIL No. 877 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench