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2025 DAILYLAW 202389 (ALL)

OM PRAKASH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/6568/2025 · 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. - 6568 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.68 of 2025, under Sections 87, 64(1), 75(2) of BNS; Section 3/4 and 7/8 of POCSO Act and Section 3(2)(v) of SC/ST Act, Police Station Motiganj, District Gonda. 3. In terms of the FIR, it was alleged that the cousin sister of the informant aged about 18 years was missing. Subsequently, in the statement under Section 180 of BNSS, the victim admitted that she was having love affair with the applicant and she had gone with him at Ayodhya, however, in the statement under Section 183 of BNSS, the victim alleged the commission of wrong. The medical on record does not corroborate the allegation of rape. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that the victim had gone along with the applicant to Ayodhya without any hue and cry couple with the fact that the applicant has no criminal antecedents and is languishing in jail since 30.05.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Alok Srivastava Counsel for Opposite Party(s) : G.A. Om Prakash Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Om Prakash Mishra 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. 6568 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench