SHIV BHUSAN @ BHUKHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
BAIL/10648/2025 · 2025-11-12
Pankaj Bhatia
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 202999 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202999 (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. - 10648 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.26 of 2025, under Sections 137(2), 87, 65(1) of BNS; Section 5/6 of POCSO Act and Section 3(2)v of SC/ST Act, Police Station Jagatpur, District Raebareli. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 14 years was enticed by the applicant. In the statement 183 of BNSS, the victim did not support the prosecution story and stated that she had gone to Pune and stayed there. The tentative age of the victim is around 14 years. The medical on record does not corroborate the allegation. There is no definite document with regard to the exact age of the victim. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statements of the victim not supporting the prosecution story and the fact that the applicant has no criminal antecedents and is languishing in jail since 10.03.2025, 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) : Gautam Mishra, Madhavendra Nath Misra, Pankaj Chaudhary, Shailendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Shiv Bhusan @ Bhukhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s)
. 6. Let the applicant Shiv Bhusan @ Bhukhan be released on bail in the abovesaid first information report number 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. 10648 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench