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2025 DAILYLAW 136832 (ALL)

CHUMMY @ SURYA DEV SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/462/2025 · 2025-05-01

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24979 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 462 of 2025 Applicant :- Chummy @ Surya Dev Singh and Veeru alias Manjeet Singh Rana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashish Kumar,Shyam Shankar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the applicants and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. In view of order being passed, notices to opposite party no.2 stand dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.49 of 2023 under Sections 323, 354, 452, 504, 506 I.P.C., P.S Shahabad, District Hardoi. 4. As per contents of F.I.R., the incident is said to have taken place on 07.02.2023 on which date applicants along with co-accused are said to have barged into house of informant and sexually molested her as well as her sister-in-law. 5. Learned counsel for applicants submits that applicants have been falsely implicated in the charges levelled against them which would be evident from fact that there is contradiction in statement of informant and her sister-in-law. It is submitted that F.I.R. is also belated by five days without any cogent explanation for the same. It is also submitted that injury report also does not support allegations levelled. 6. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with submission that there is no serious contradictions in statement of informant and her sister-in-law with injuries also being indicated thereupon. It is also submitted that despite charge sheet having been filed, applicants have not cooperated during trial due to which non-bailable warrant has been issued. 7. Considering the submissions advanced by learned counsel for the parties and upon perusal of material on record and particularly in view of allegations of sexual molestation with non-bailable warrant being issued against applicants, this Court does not find any good ground to grant indulgence. Liberty however is granted to applicants to apply for regular bail before court concerned. 8. Anticipatory Bail Application is accordingly dismissed. Order Date :- 1.5.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench