Allowed

Mohd. Zeeshan v. State of U.P. Thru. the Prn. Secy. Home Deptt. and 3 Others

Allahabad HC17 Sept 2025BAIL/3138/2025

Case brief

AI extract

What is this about?

Bail application in a POCSO case alleging the applicant and two others forcibly abducted and gang-raped the informant's daughter. The court noted no specific rape allegation against the applicant, no injury or supportive sonography findings, parity with co-accused Farukh granted bail, and no criminal history, and allowed bail with conditions.

What did the court decide?

Applicant released on bail on personal bond with two sureties; not to tamper with evidence, pressurise witnesses, and to appear on each date fixed by trial court.

Mohd. Zeeshan Vs State of U.P. Thru. the… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 3138 of 2025

Mohd. Zeeshan

.....Applicant(s)

Versus

State Of U.P. Thru. The Prn. Secy. Home Deptt. And 3 Others ...	..Opposite Party(s)
Counsel for Applicant(s) : Rajesh Kumar Singh
Counsel for Opposite Party(s) : G.A., Ashwini Kumar Gupteshwar Prasad Jaiswal	Tripathi,

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Court No. - 12

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HON'BLE KARUNESH SINGH PAWAR, J.

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Heard learned counsel for the applicant, complainant's counsel, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.631 of 2024, under Sections 127(2), 351(3), 70(2), 137(2), 87 B.N.S. and Section 5 g & 6 of the P.O.C.S.O. Act registered at Police Station- Para, District- Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.10.2024 against three persons, including the applicant, stating that all the three accused persons dragged the informant's daughter forcibly inside a car and after roaming around for 3-4 hours, they dropped her at Kusma Hospital. The informant's daughter told that all of them had molested her. The informant had gone to the hospital and after seeing the CCTV camera, the Doctor told that the accused applicant Zeeshan had brought the victim to the Hospital.

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The applicant's counsel submits that general allegation has been levelled by the prosecutrix against all the three accused persons in her statement under section 183 BNSS. However, specific allegation of rape is on the coaccused Rarukh and Raja. No allegation of rape has been levelled against the present applicant.

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BAIL No. 3138 of 2025

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5.The co-accused Farukh has been granted bail vide order dated 26.3.2025 passed in Bail No.2560 of 2025.

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Learned A.G.A. and complainant's counsel have opposed the contention, however, could not show that during medico-legal examination of the victim, no mark of injury or sign of use of force was found on any part of the body. They also could not deny the fact that ultra-sonography of the victim was also conducted and the findings did not support the allegation of commission of gang-rape.

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Having considered the aforesaid facts and circumstances of the case, statements of the victim under sections 180 and 183 BNSS, role assigned to the applicant, bail order of co-accused Farukh, the applicant has no criminal history, and he is languishing in jail since 11.11.2024, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed.

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Let the applicant Mohd. Zeeshan, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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Any other condition which the trial court may deem fit and proper may also be imposed

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(Karunesh Singh Pawar,J.)

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September 17, 2025 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Zeeshan v. State of U.P. Thru. the Prn. Secy. Home Deptt. and 3 Others

Case brief

What is this about?

What did the court decide?

Mohd. Zeeshan v. State of U.P. Thru. the Prn. Secy. Home Deptt. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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