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2025 DAILYLAW 202624 (ALL)

WARIS ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/6812/2025 · 2025-10-28

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6812 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.238 of 2025, under Section 65(2), 126(2), 352, 351(2) BNS & Section 5(M)/6 of POCSO Act, P.S. Laharpur, District Sitapur. 3. In terms of the FIR it was alleged that daughter of the informant was misbehaved by the applicant and hand was inserted in the inner garments; no allegation of penetrative sexual assault was made. Before the medical authorities also, the victim was not allowed to undergo medical examination on the statement that no offence of rape had occurred. 4. Learned AGA has opposed the bail application. 5. Considering the aforesaid, prima-facie, implication under Section 5/6 of POCSO Act may be difficult. In view thereof, the applicant who is in custody since 02.05.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Waris Ali 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) : Sushil Pandey, Ankur Yadav, Rakesh Kumar, Surendra Singh, Vijay Kumar Counsel for Opposite Party(s) : G.A. Waris Ali .....Applicant(s) State Of U.P. Thru. 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 28, 2025 nishant BAIL No. 6812 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench