Allowed

Abhishek Mishra v. State of U.P. Thru. Secy. Home Lko. and 3 Others

Allahabad HC14 Oct 2025/49/2025

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application under multiple sections of BNS, IT Act, and POCSO. The court considered the victim's statement regarding emotional attachment, a video recording, threats, and age (17). The applicant had no criminal antecedents, which was pivotal to allowing bail on conditions.

What did the court decide?

Released on bail with personal bonds and sureties of Rs.20,000 each, subject to attending hearings, avoiding similar offenses, and preventing tampering with evidence.

Abhishek Mishra Vs State of U.P. Thru. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL MISC. BAIL APPLICATION No. - 49 of 2025

Abhishek Mishra

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Lko. And 3 Others

¶7

.....Opposite Party(s) Counsel for Applicant(s) : Sunil Dixit, Desh Deepak Singh, Sandeep Kumar Pal, Varun Chandra Counsel for Opposite Party(s) : G.A., Vijai Vikram Singh, Vishal Kumar Upadhyay

¶8

Court No. - 12

¶9

HON'BLE PANKAJ BHATIA, J.

¶10

1. Heard learned counsel for the applicant as well as learned A.G.A. and learned Counsel for the informant.

¶11

2 . The applicant seeks enlargement on bail in FIR No.381 of 2024, under Sections 64(2)m, 65(1), 308(5), 351(3), 352, 317 (2) of BNS; Sections 66, 66C, 66D of IT Act and Section 5L/6 of POCSO Act, Police Station Krishna Nagar, District Lucknow.

¶12

3 . In terms of the FIR, it was alleged that certain amounts were withdrawn unauthorizedly from the account of the informant. Subsequently on investigation, the statement of the victim was recorded, who disclosed her age as 17 years. She admitted that she had become friendly with the applicant and thereafter emotionally attached with him. She also stated that the applicant had committed wrong on her and made a video and threatened the victim to pay loan of rupees seven lac due on the applicant. A similar statement was given under Section 183 of BNS. Based upon the said two statements, the applicant was charged for an offence under Section 64(2)m and 65(1) along with other sections.

¶13

4. Learned A.G.A. as well as learned Counsel for the informant vehemently opposed the bail prayer.

¶14

5. Considering the statements of the victim wherein the victim aged about

¶15

BAIL No. 49 of 2025

¶16

¶17

17 years admitted to have become emotionally attached with the applicant and physical relations with the applicant and the fact that the applicant has no criminal antecedents and is languishing in jail since 24.09.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

¶18

6. Let the applicant Abhishek Mishra be released on bail in the aforesaid first information report 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:

¶19

(a) The applicant shall execute a bond to undertake to attend the hearings;

¶20

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

¶21

(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.

¶22

(Pankaj Bhatia,J.)

¶23

October 14, 2025

¶24

akverma

¶25

Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Mishra v. State of U.P. Thru. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Abhishek Mishra v. State of U.P. Thru. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Arvind Vs State of U.P. Thru. Secy. Home Deptt. Lko.

Gaurav Pandey Alias Annu Vs State of U.P. Thru. Prin. Secy. Home, Govt. of U.P. Lucknow and 3 Others

Ram Singh @ Ramu Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Nikhiil vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Abhishek Mishra vs State of U.P. Thru. Secy. Home Lko. and 3 Others

Durgesh vs State of U.P. Thru. Secy. Home Lko. and Another