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2025 DAILYLAW 203869 (ALL)

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

BAIL/1988/2025 · 2025-11-12

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1988 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. 184 of 2024, under sections 376AB, 323, 504, 506 IPC, Section 5(m)/6 POCSO Act, P.S. Kunda, District Pratapgarh. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 9 years was enticed and inappropriate behavior was done with her. In her statement under Section 164 Cr.P.C. no allegations of penetrative sexual assault was levelled against the applicant. The medical report on record does not corroborate the allegations of penetrative sexual assault. The applicant has one criminal history of minor offence in which he is on bail. 4. Learned AGA has opposed the bail application. 5. Considering the statement and medical report on record, however, without commenting upon the merits of the case, the applicant who is in jail since 19.7.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Bhola 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: Versus Counsel for Applicant(s) : Yogendra Kumar Tiwari Counsel for Opposite Party(s) : G.A. Bhola .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) (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. November 12, 2025 J. K. Dinkar BAIL No. 1988 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench