BANNE KHAN v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO.
BAIL/4925/2025 · 2025-10-16
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 202026 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202026 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4925 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No. 16 of 2025, under Sections 64, 351(3), 89 BNS, P.S. Jethwara, District Pratapgarh.
3. Learned counsel for the applicant argues that the FIR in question was lodged on 10.2.2025 alleging that on 15.10.2024 the daughter of the informant aged about 25 years was caught hold of and relations were formed against her consent. Similar statement was recorded by the victim who is a married lady and has a child.
4. Learned AGA has opposed the bail application.
5. Considering the inordinate delay in filing FIR at the instance of the lady aged about 25 years and there being no corroboration of any other evidence, however, without commenting upon the merits of the case, the applicant who is in jail since 11.2.2025 and having one criminal history of minor offence is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Banne Khan 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: Versus Counsel for Applicant(s) : Chetan Kumar Tiwari, Deepmani Shukla Counsel for Opposite Party(s) : G.A. Banne Khan .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
(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 J. K. Dinkar BAIL No. 4925 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench