MUKESH TYAGI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
/9853/2025 · 2025-10-13
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203572 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203572 (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. - 9853 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 Abhishek Srivastava, who has filed Vakalatnama on behalf of informant. The Vakalatnama is taken on record. 2. The applicant seeks enlargement on bail in FIR No.391 of 2025, under Sections 137(2), 87, 65(1), 351(2) of BNS and Section 3/4 of POCSO Act, Police Station Phoolbehad, District Lakhimpur Kheri. 3. The FIR in question was lodged alleging that the daughter of the informant was missing and was enticed by three accused named in the FIR. The age of the victim was disclosed as 16 years. Subsequently, in the statement under Section 180 of BNSS, the victim stated that she used to talk to the applicant and was unhappy with her family and had called the applicant and thereafter left with him. In the statement under Section 183 of BNSS, she stated that she stayed at the home of the applicant for five days. The tentative age of the victim is around 16 years. There is no definite document with regard to the age of the victim. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the two statement not supporting the prosecution case and the medical also does not corroborate the allegation and the fact that the applicant is languishing in jail since 20.08.2025, I am of the view that the Versus Counsel for Applicant(s) : Km. Deepa, Manjari Singh, Vikrant Prakash Counsel for Opposite Party(s) : G.A. Mukesh Tyagi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6.
Let the applicant Mukesh Tyagi be released on bail in the abovesaid first information report number 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. October 13, 2025 akverma BAIL No. 9853 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench