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2025 DAILYLAW 203309 (ALL)

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

BAIL/12666/2025 · 2025-12-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12666 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Initially the bail application was filed on 26.11.2025, subsequently, a fresh order was also passed rejecting the bail under Sections 3(2)v & 3(2)va of SC/ST Act which has been placed on record alongwith the supplementary affidavit. 2. In view thereof, applicant is permitted to correct the memo of bail application during the course of the day. 3. Heard learned counsel for the applicant, learned AGA and perused the record. 4. The applicant seeks enlargement on bail in FIR No.427 of 2025, under Section 87, 137(2), 65(1) BNS, Section 5/6 of POCSO Act & Sections 3(2)V & 3(2)VA of SC/ST Act, P.S. Jalalpur, District Ambedkar Nagar. 5. In terms of the FIR allegations were levelled that daughter of the informant aged about 16 years was missing and was enticed by the applicant. Subsequently, in her statement under Section 183 BNSS, the victim admitted that she knew the applicant for the last two months and used to talk to him and subsequently, he offered to take her to Delhi and thereafter, on the way, wrong was committed. She also admitted that the applicant had taken her to her aunt's place where physical relations were formed. She also stated that two persons had committed wrong. There is no definite document with regard to exact age of the victim. Medical on record does not corroborate the Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Brijesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Sectt. Lko. And 3 Others .....Opposite Party(s) allegation. 6. Learned AGA has opposed the bail application. 7. Considering the statement of the victim, the applicant who is in custody since 29.09.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Brijesh 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: (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 18, 2025 nishant BAIL No. 12666 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench