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2025 DAILYLAW 203046 (ALL)

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

BAIL/8674/2025 · 2025-12-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8674 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.133 of 2025, under Sections 64(2)K, 64(2M), 65(1), 351(3), 352 of BNS and Section 5L/6 of POCSO Act, Police Station Kotwali Nagar, District Balrampur. 3. In terms of the FIR, allegations were levelled that around four months ago, the applicant had enticed the daughter of the informant aged about 14 years and committed wrong on her. This fact came to the knowledge when the victim became pregnant. Subsequently, DNA report was called for and as per the DNA report, the child born was not related to the applicant as its paternity was not found. The fact with regard to the DNA report finds place in the order dated 08.10.2025 passed by the Special Judge (POCSO Act), Balrampur, which is taken on record. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the said DNA report and the fact that the applicant has no criminal antecedents and is languishing in jail since 26.06.2025, 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) : Anand Kumar Srivastava Counsel for Opposite Party(s) : G.A. Shanu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) 6. Let the applicant Shanu 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. December 10, 2025 akverma BAIL No. 8674 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench