Allahabad High Court

BAIL/12901/2025 of MOHD. RIZWAN @ RIZWAN ALI Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS on 18 December 2025

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JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12901 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 accused-applicant seeks bail in FIR/Case Crime No.236 of 2025 under sections 137(2),

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 12901 of 2025

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

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1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. The accused-applicant seeks bail in FIR/Case Crime No.236 of 2025 under sections 137(2), 87, 65(1) BNS and section 5L/6 POCSO Act, P.S. Sarojni Nagar, District Lucknow.

3. In terms of the FIR, allegations were levelled that the daughter of the informant aged about 14 years was enticed by the applicant. Subsequently, in the two statements recorded under section 180 and 183 BNSS, the victim stated that she knew the applicant since long and were in relationship and the parents had stopped the victim to go to school and ultimately both of them went to Ghaziabad and Delhi. She also stated that she was scared of her parents. The counsel for the applicant relies upon the judgement of this Court in the case of Monish vs. State of U.P. and others decided on 09.02.2023 in Criminal Misc. Bail Application No.55026 of 2021 to argue that the issue with regard to age is to be settled at the time of trial.

4. Considering the two statements not supporting the prosecution, the applicant who is in custody since 03.09.2025 and has no criminal history is entitled to bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Bhanu Pratap Singh, Mohd Arman, Mohd. Tariq Counsel for Opposite Party(s) : G.A. Mohd. Rizwan @ Rizwan Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)

5. Let the applicant Mohd. Rizwan @ Rizwan Ali be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. December 18, 2025 VNP/- BAIL No. 12901 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

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