AJAY GIRI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/5660/2025 · 2025-11-12
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 202919 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202919 (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. - 5660 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.199 of 2023, under Sections 343, 363, 366, 376DA, 376D, 506 IPC; Section 3(2)(V) of SC/ST Act and Section 5G/ 6 of POCSO Act, Police Station Foolbehar, District Lakhimpur Khiri. 3. In terms of the FIR, it was alleged that the brother of the informant and niece were living with the applicant and they were looked after by his wife. It was also alleged that the wife of the applicant and the niece were enticed by the applicant and taken them to some other place. In the statement under Section 164 of Cr.P.C., the victimstated that wrong was committed on her. The victim had refused to undergo medical examination and also stated before the medical authority that nothing wrong was done against her. The co-accused who is minor has been enlarged on bail by the Juvenile Justice Board. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the two statement of the victim and the fact that the victim refused to undergo medical examination; the applicant has criminal antecedents of one case in which he is on bail and the fact that the Versus Counsel for Applicant(s) : Dilip Kumar Singh Chauhan Counsel for Opposite Party(s) : G.A. Ajay Giri .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
applicant is languishing in jail since 14.06.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6.
Let the applicant Ajay Giri 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. November 12, 2025 akverma BAIL No. 5660 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench