ADIL RAFIQUE v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS
BAIL/9924/2025 · 2025-10-16
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 203713 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203713 (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. - 9924 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Counter affidavit along with the vakalatnama filed by Mr. Vivek Kumar Rai, Advocate appearing on behalf of the informant is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.151 of 2025, under Sections 65(1), 351(3), 352 BNS and Section 5/6 of POCSO Act, P.S. Hazratganj, District- Lucknow. 4. In terms of the FIR, it has been alleged that the daughter of informant was scared and when asked, she informed that the applicant, who is the real uncle, used to misbehave with her. Subsequently, in the statement of victim recorded under Section 183 BNSS, she has stated that the applicant used to threatened her. Tentative age of the victim is around 12 years and she has even refused to undergo medico-legal examination. 5. Learned counsel for the applicant has argued that on account of a property dispute among the family members, the FIR of case in question has been lodged. He has also drawn the attention of this Court on the statement of the grand-father and grand-mother of the victim who have not supported the prosecution version. 6. Learned AGA has opposed the bail application. 7. Considering the fact that the statements of grandparents of the victim Versus Counsel for Applicant(s) : Anil Kumar Tripathi, Abdul Ahad Counsel for Opposite Party(s) : G.A. Adil Rafique .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s)
which do not corroborate with the prosecution story and the victim has refused to undergo medico-legal examination coupled with the fact that there is a property dispute among the family members and the applicant is in jail since 09.06.2025 having no criminal history, he is entitled to be enlarged on bail. In view thereof, the application is allowed. 8.
Let the applicant Adil Rafique 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 she 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 16, 2025 V. Sinha BAIL No. 9924 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench