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2025 DAILYLAW 111556 (ALL)

PRAMOD SAHANI v. STATE OF U.P. AND 3 OTHERS

BAIL/46663/2024 · 2025-02-11

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19924 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46663 of 2024 Applicant :- Pramod Sahani Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandan Kumar Jaiswal,Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 16.12.2024. 3. Heard Sri Chandan Kumar Jaiswal, learned counsel for applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State. 4. The present bail application has been filed by the applicant in Case Crime No.297 of 2024, under Sections 137(2), 65(2), 115(2), 351(2) B.N.S. and 5M/6 POCSO Act, Police Station- Ramkola, District- Kushinagar with the prayer to enlarge him on bail. 5. As per prosecution story, the victim was seen coming out of the sugarcane field yelling and was found bleeding from her private parts in the night of 12/13.7.2024 at about 11:00 p.m. 6. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed and there is no explanation of the said delay caused. The injuries are minor and they may be manufactured. It is admitted that victim was 11 years old. There is no criminal history of the applicant. The applicant is in jail since 22.7.2024. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the victim was found with deep tear at 6 O" clock position on vulva with severely congested and edematous labia majora and injury was also found on her neck. As such, the applicant is not entitled for bail. 8. After hearing learned counsel for the parties and taking into consideration the injuries sustained by the victim and her tender age, I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 11.2.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad