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2025 DAILYLAW 71118 (ALL)

KAMIL KHAN v. STATE OF U.P. AND 3 OTHERS

BAIL/34102/2025 · 2025-10-06

Ashutosh Srivastava

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34102 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard learned counsel for the applicant, Sri Ajay Kumar Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 413 of 2024, under Sections 87, 137(2) B.N.S. & 16/17 POCSO Act, Police Station Bisalpur, District Pilibhit. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 15.04.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The allegation against the applicant is that applicant has enticed away the daughter of informant. As per statement of the victim recorded u/s 180 B.N.S.S., no allegation made out against the applicant. Learned counsel for the applicant submits that victim is stated to be of 19 years of age as is reflected from her school record, annexed at page no. 28 of the bail application. She is mature enough to ascertain what is right or wrong for her. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has Versus Counsel for Applicant(s) : Rishi Yadav, Suresh Singh Counsel for Opposite Party(s) : G.A. Kamil Khan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Hence, he is not entitled for bail. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Kamil Khan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 7, 2025 Vibha Singh BAIL No. 34102 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad