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2025 DAILYLAW 202307 (ALL)

RAM KHELAWAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AFFAIRS LKO AND 3 OTHERS

BAIL/9780/2025 · 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. - 9780 of 2025 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. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.89 of 2025, under Sections 65(1), 351(2), 351(3) of BNS and Sections 5 & 6 of POCSO Act, Police Station Piparpur, District Amethi. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 15 years used to purchase vegetables from the shop and in the month of April, the applicant committed wrong on the victim and on complaint, she was taken to the doctor, where she was found pregnant. The FIR was lodged on 12.08.2025. In the statement under Sections 180 and 183 of BNS, a similar statement was given. The tentative age of the victim is 16 years. 4. The Counsel for the applicant argues that the applicant is aged about 65 years and has been falsely implicated. 5. Learned A.G.A. vehemently opposed the bail prayer and on the basis of the instructions argues that the DNA test for ascertaining the paternity is not possible till the child is delivered. 6. Considering the age of the applicant coupled with the fact that the Versus Counsel for Applicant(s) : Surya Bhan Singh Counsel for Opposite Party(s) : G.A. Ram Khelawan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko And 3 Others .....Opposite Party(s) forensic examination for ascertaining the paternity is not possible at this time and the fact that the applicant has no criminal antecedents and is languishing in jail since 13.08.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed . 7. Let the applicant Ram Khelawan be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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 16, 2025 akverma BAIL No. 9780 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench