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Allahabad High Court · body

2025 DAILYLAW 203557 (ALL)

ASHIK ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHERS

/2876/2025 · 2025-10-13

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. - 2876 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.31 of 2025 under Sections 69, 64 and 351(3) BNS, P.S. Risiya, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the daughter of the informant is aged about 21 years and her husband is generally ill and the applicant used to come her home. It was also stated that the victim became pregnant subsequently in the statement under Section 180 BNSS victim stated that several months ago the applicant had committed wrong with her. Learned counsel for the applicant draws my attention to the statement of the informant wherein she stated that she had asked the applicant to execute the sale deed and as he refused to execute the sale deed the FIR in question was lodged. 4. Learned AGA has opposed the bail application. 5. Considering the aforesaid statement and the probability of allegation and there has been delay in lodging the FIR the applicant who is aged about 65 years, however, without commenting upon the merits of the case, the applicant who is in jail since 11.2.2025 and having no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Hariom Divedi Counsel for Opposite Party(s) : G.A., Gyanendra Pathak Ashik Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Anothers .....Opposite Party(s) 6. Let the applicant Ashik 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. October 13, 2025 J. K. Dinkar BAIL No. 2876 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench