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2025 DAILYLAW 203251 (ALL)

MERAJ @ MAIRAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 4 OTHERS

BAIL/12228/2025 · 2025-12-10

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. - 12228 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 Sri Suresh Chandra Pandey, who has filed Vakalatnama on behalf of complainant and perused the record. The Vakalatnama is taken on record. 2. The applicant seeks enlargement on bail in FIR No.331 of 2025, under Sections 65(1), 351(2) of BNS and Section 3/4(2) of POCSO Act, Police Station Chhapia, District Gonda. 3. In terms of the FIR, allegations were levelled that the younger sister of the informant aged about 13 years was enticed by the applicant and under the threat, wrong was committed. In the statement under Sections 180 and 183 of BNSS, the victim supported the prosecution case, however, the medical on record indicates, no injury, even the hymen was found to be intact. 4. The Counsel for the complainant opposed the bail prayer by arguing that in the statements under Sections 180 and 183 of BNSS clearly allegations are levelled against the applicant and the age of the victim is around 13 years. 5. Learned A.G.A. also vehemently opposed the bail prayer. 6. Considering the medical report not corroborating the allegations and prima facie, the allegation appears to be incorrect with regard to the Versus Counsel for Applicant(s) : Vaibhav Mishra Counsel for Opposite Party(s) : G.A. Meraj @ Mairaj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 4 Others .....Opposite Party(s) offence under Section 64 of BNS and the fact that the applicant has no criminal antecedents and is languishing in jail since 16.09.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Meraj @ Mairaj 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. 12228 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench