MOHD AZAD @ NIZAM v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/7299/2025 · 2025-10-16
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 202312 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202312 (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. - 7299 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 accused-applicant seeks bail in FIR/Case Crime No.126 of 2025 under sections 64(1), 115(2), 352, 351(3), 332-B BNS and section 3/4 POCSO Act and 3(1)d, e, 3(2)V SC/ST Act, P.S. Kursi, District Barabanki.
3. In terms of the FIR, allegations were levelled that on 30.04.2025 the applicant committed wrong on the daughter of the informant. Subsequently, in the statement under section 183 BNSS, the victim stated that on the date of incident, her father got them. The tentative age of the victim is around 17 years. The medical on record does not corroborate the allegation of any rape. She also admitted before the medical authorities that both of them knew for the last three months.
4. Considering the statement coupled with the fact that the tentative age of the victim is around 17 years, the applicant who is in custody since 02.05.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed.
5. Let the applicant Mohd Azad @ Nizam be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: Versus Counsel for Applicant(s) : S Malik E Ashtar Rizvi, Mohd Zameer Abbas Counsel for Opposite Party(s) : G.A. Mohd Azad @ Nizam .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. And 3 Others .....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 VNP/- BAIL No. 7299 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench