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2025 DAILYLAW 105047 (ALL)

MULI @ SURENDER v. STATE OF U.P. AND 3 OTHERS

BAIL/41649/2024 · 2025-02-27

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28223 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41649 of 2024 Applicant :- Muli @ Surender Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- A.C.Srivastava,Subham Singh Counsel for Opposite Party :- Azhar Hussain,G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri A.C.Srivastava, learned counsel for the applicant, Shri R.K. Srivastava, the learned AGA for the State and Shri Azhar, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.399 of 2024, under Sections 76 BNS, r/w S. 9M/10 of POCSO Act, Police Station Tronica City, District- Ghaziabad. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 15.08.2024 alleging that the applicant had taken away the informant's six years old daughter to a vacant plot and he was trying to commit the misdeed with her. Mauni, Umesh and Aman, who lives nearby, saw it and ran towards them whereupon the applicant left the informant's daughter and ran away. 4. During investigation, the informant and the victim supported the FIR allegations. However, Mauni, Umesh and Aman, who are stated to have witnessed the incident, stated that they have not seen the incident. The victim stated in her statement that a lady had raised noise from the roof top of the adjoining house whereupon the applicant ran away. That lady came to rescue her and while she was taking the victim to her mother, her mother met her on the way. In the additional statement, the informant stated that she does not know as to who had saved the victim. 5. The State and the informant has filed a counter affidavit but no new facts have come to light. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid discrepancies in the statements, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Muli @ Surender 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:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 28.2.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad