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2025 DAILYLAW 113252 (ALL)

GAJENDRA v. STATE OF U.P. AND 3 OTHERS

BAIL/47262/2024 · 2025-04-07

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50749 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47262 of 2024 Applicant :- Gajendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. As informed by learned AGA, notice to the informant has been served on 28.12.2024, but none is present on behalf of the informant. 3. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case No.1320 of 2023, Case Crime No. 167 of 2023, under Sections 376AB I.P.C. and Section 5m/6 POCSO Act, Police Station Saroorpur, District Meerut, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. There is no criminal history of the applicant. The applicant is languishing in jail since 14.07.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that there are three injuries sustained by the victim on the vital part of the body i.e. internal organ and bleeding was seen. The age of the victim is only 9 years, hence the applicant is not entitled for bail. 7. After hearing learned counsel for the parties and taking into consideration the fact that the victim has sustained three injuries on the vital part of the body including bleeding and she is 9 years old, which indicates the complicity of the applicant in the said offence, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. Order Date :- 8.4.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad