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2025 DAILYLAW 135106 (ALL)

RAJU BADHAI @ KURBAN ALI v. STATE OF U.P. THRU. ADD. CHIEF SECY. HOME AMD 3 OTHERS

ABAIL/431/2025 · 2025-04-30

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25048 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 431 of 2025 Applicant :- Raju Badhai @ Kurban Ali Opposite Party :- State Of U.P. Thru. Add. Chief Secy. Home Amd 3 Others Counsel for Applicant :- Nripendra Mishra Counsel for Opposite Party :- G.A.,Brij Bhushan Singh,Pranjal Apurva,Sandeep Kumar Mishra Hon'ble Manish Mathur,J. Heard learned counsel for applicant and learned A.G.A. for State while power on behalf of complainant has been filed by Mr. Brij Bhushan Singh Advocate. First anticipatory bail application has been filed with regard to complaint case No.192 of 2023, under Sections 452, 354B IPC, 9(g)/10 POCSO Act, P.S. Kot. Nanpara, District Bahraich. As per contents of first information report, the incident is said to have taken place on 8th July, 2023 at about 2.00 P.M. when the applicant alongwith co-accused is said to have molested the minor sister of the complainant. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him which would be evident from the fact that complaint itself has been filed after four months of the alleged incident. It is submitted that the alleged incident is said to have taken place in the presence of sister in law of complainant Hirana Devi who also filed an F.I.R. No. 419 of 2023 with the same allegations but in which final report has been submitted. Learned A.G.A. as well as learned counsel for complainant have opposed bail application with the submission that the statements of victim and the said sister in law clearly corroborate the allegations levelled against the applicant. Summons have already been issued in the complaint case. Learned A.G.A. on the basis of instructions submits that non bailable warrant has also been issued against the applicant. Upon consideration of submissions advanced by learned counsel for parties and particularly the aspect that summons have already been issued in complaint case, this Court deem it fit that the applicant would apply for regular bail for trial. In case regular bail application is filed before the trial court, same shall be decided expeditiously. In view thereof the application is disposed of. Order Date :- 30.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench