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2025 DAILYLAW 201757 (ALL)

VAIBHAV SRIVASTAVA @ LALA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

BAIL/12607/2024 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12607 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.75 of 2024 under section 376(2)N, 376(3) IPC, Section 5-J(2), 5-L/6 POCSO Act, and Section 3(2)(V)SC/ST Act, P.S. Udaipur, District Pratapgarh. 3. In terms of the FIR, it was alleged that the informant informed her mother with regard to stomach pain. Subsequently, it was revealed that she was positive for pregnancy, when she informed that, the applicant had formed physical relations with her. In the statement under section 161 Cr.P.C., she declared her age as 16 years and stated that physical relations were formed in between them as he was staying nearby. The DNA report with regard to, the paternity of the child has not come so far. 4. Considering the statement, not indicating the use of force, coupled with the fact that the tentative age of the victim is around 16 years, the applicant who is in custody since 11.07.2024 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Vaibhav Srivastava @ Lala be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond Versus Counsel for Applicant(s) : Ashok Kumar Srivastava, Anamika Singh, Avinash Srivastava, Jyotindra Prakash Pathak, Laxmi Kant Pathak Counsel for Opposite Party(s) : G.A. Vaibhav Srivastava @ Lala .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 VNP/- BAIL No. 12607 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench