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2025 DAILYLAW 201784 (ALL)

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

BAIL/6184/2025 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6184 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed by learned counsel for the informant is taken on record. 2. Heard learned counsel for the applicant, Shri O.P. Tiwari, learned counsel for the informant as well as learned AGA for the State and perused the record. 3. The applicant seeks enlargement on bail in FIR No.55 of 2025, under Sections 64 BNS and Section 3/4 of POCSO Act, P.S. Bighapur District- Unnao. 4. In terms of the FIR, it has been alleged that the daughter of informant was enticed away by the applicant. Subsequently, in the statements of victim recorded under Sections 180 and 183 BNSS, she has not supported the prosecution version and has stated that both were friends and used to talk for the last six months. There is no definite document regarding the age of the victim on record to conclusively form the opinion regarding the exact age. 5. Learned AGA has opposed the bail application. 6. Considering the fact that the statement of victim does not corroborate with the prosecution story coupled with the fact that the applicant is in jail since 02.05.2025 having no criminal history, he is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Sukhveer Singh Counsel for Opposite Party(s) : G.A., O.P. Tiwari Vishal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 7. Let the applicant Vishal 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 she 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 V. Sinha BAIL No. 6184 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench