Anas v. State of U.P. through Sec. Home Department
BAIL/361/2025 · 2025-08-19
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116901 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116901 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48403 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 361 of 2025 Applicant :- Anas Opposite Party :- State Of U.P. Through Sec. Home Department Counsel for Applicant :- Devendra Pratap,Saad Husain,Shashank Shekhar Singh,Vineet Kumar Mishra Counsel for Opposite Party :- G.A.,Ajay Kumar Tripathi,Vijay Kumar Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Vineet Kumar Mishra, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.363 of 2024 under Sections 115(2) of B.N.S. & 5M/6 of P.O.C.S.O. Act registered at Police Station- Mallawan, District- Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.08.2024 against the applicant and Nizamuddin, stating that while the informant's sons aged 10 years and 5 years, were playing with some other children, the accused persons dragged the elder son of the informant to a maize field with evil intention. When the informant's son shouted, the accused persons beaten him up. Two passers-bye heard the voice of the informant's son, entered the field where the accused persons were beating the informant's son. 4. The informant alleged that the applicant had attempted to commit the immoral misdeed against informant's son. 5. In the statement of the victim recorded by the Investigating Officer, he stated that both the accused persons have sodomized him and they forcibly put their private parts in his mouth. 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. Co-accused- Nijamuddin has been granted bail by means of an order dated 28.07.2025 passed by this Court in Crl. Misc. Bail Application No.180 of 2025. 8. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the offence committed by the applicant is heinous and serious in nature but he could not dispute that the case set-up against the applicant is at par with the case set-up against the co-accused Nijamuddin who has already been granted bail. 9.
Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be released on bail in the aforesaid case on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Anas 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 :- 19.8.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench