SAMAD ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
BAIL/12569/2025 · 2025-12-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203339 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203339 (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. - 12569 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for respondent no.2 despite notice. 2. The applicant seeks enlargement on bail in FIR No.0047 of 2025, under Section 137(2), 87, 65(1), 115(2) BNS & Section 3/4(2) of POCSO Act, P.S. Ashiyana, District Lucknow. 3. In terms of the FIR it was alleged that daughter of the informant aged about 15 years had left home without informing anyone with the applicant and was not traceable. Subsequently, in the statement under Section 180 BNSS, the victim stated that the applicant had taken her and wrong was committed on her and thereafter, marriage was also solemnized. In the statement under Section 183 BNSS, the victim stated that wrong was committed and thereafter, she was slapped and he went away. The statement of the informant made before the police authorities is on record wherein he stated that nothing wrong has been done and the daughter had gone to Assam. Medical on record does not corroborate any allegation of use of force. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the statements, the applicant who is in Versus Counsel for Applicant(s) : Atul Kumar Yadav, Anoop Vajpayee Counsel for Opposite Party(s) : G.A. Samad Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s)
custody since 02.08.2025 and has no criminal antecedents is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Samad Ali 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. 12569 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench