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2025 DAILYLAW 201931 (ALL)

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

BAIL/12569/2024 · 2025-10-16

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. - 12569 of 2024 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.252 of 2024, under Sections 64, 351(2), 137(2) of BNS and Section 3/4 of POCSO Act, Police Station Bakshi Ka Talab, District Lucknow. 3. In terms of the FIR, it was alleged that on the false pretext of marriage, the physical relations were formed. In the statement under Section 189 of BNS also a similar statement was made. The tentative age of the victim is around 16 years. The relationship continued over a span of three years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statements of the victim not supporting the prosecution story; the relationship continued for a substantial period of time and the fact that the applicant has no criminal antecedents and is languishing in jail since 06.09.2024, 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 Kanhaiya 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 Versus Counsel for Applicant(s) : Anil Kumar Sharma, Brijendra Kumar Tiwari, Neelam Verma, Sunil Kumar Verma Counsel for Opposite Party(s) : G.A. Kanhaiya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) 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 16, 2025 akverma BAIL No. 12569 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench