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2025 DAILYLAW 132258 (ALL)

AMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/2901/2025 · 2025-04-07

Subhash Vidyarthi

Transfer Petitionbody2025

Judgment text

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Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2901 of 2025 Applicant :- Aman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Diwakar Pratap Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri D.P. Pandey, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I 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.0187 of 2024, under Sections 70(2) B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jaitpur, District Ambedkar Nagar. 3. The applicant has already been granted bail in the present FIR for the offences under Sections 64(1), 127(2), 115(2), 352, 351(3) B.N.S. and Section 4(2) Protection of Children from Sexual Offences Act, 2012 by means of order dated 07.03.2025 passed by this Court in Criminal Misc. Bail Application No.11711 of 2024. During investigation, section 64 B.N.S. has been replaced by Section 70(2) and Section 4(2) POCSO Act has been replaced by Section 5/6 and, therefore, the present application has been filed. 4. This Court has already granted bail to the applicant in the present case after examining all the facts and circumstances of the case and the investigation officer has altered two sections on the basis of same set of facts, I am of the view that the applicant is entitled to be released on bail in the altered sections also. 5. Accordingly, the instant application stands allowed. 6. Let the applicant- Aman be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. . (Subhash Vidyarthi, J.) Order Date :- 7.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench