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2025 DAILYLAW 202289 (ALL)

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

BAIL/9352/2025 · 2025-10-16

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9352 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. DNA report and the notice served on the opposite party are taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 3. The applicant seeks enlargement on bail in FIR No.198 of 2025, under Section 65(2), 115(2), 333, 351(3) BNS & Section 5da/6 of POCSO Act, P.S. Musafirkhana, District Amethi. 4. In terms of the order passed by this Court on 06.10.2025, Investigating Officer is present alongwith the DNA report. 5. In terms of the FIR it was alleged that daughter of the informant was alone at home when the applicant entered and started misbehaving with the victim and also wrong was committed on her. Medical on record does not corroborate the allegations. 6. Learned AGA has opposed the bail application. 7. Considering the fact that notice has been served and none has appeared for the informant and the medical on record does not corroborate the allegation and the FSL report also does not corroborate the allegation against the Versus Counsel for Applicant(s) : Sukh Deo Singh, Paritosh Shukla Counsel for Opposite Party(s) : G.A. Surjeet Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) applicant, the applicant, who is in custody since 22.07.2025 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Surjeet Nishad 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 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 nishant BAIL No. 9352 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench