BHONDU @ IMTIYAJ ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
ABAIL/580/2025 · 2025-06-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141339 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141339 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34846 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 580 of 2025 Applicant :- Bhondu @ Imtiyaj Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Pawan Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.116/2023, under Sections 452, 354, 323, 504, 506 I.P.C. and Sections 7/8 of the POCSO Act, P.S. Fakharpur, District Bahraich. Heard learned counsel for the applicant and learned A.G.A. for the State. None appears for the complainant although notices have been served. In the prosecution case it is alleged that on 09.04.2023 at about 07:00 pm, his neighbour Bhondu, the present applicant came inside the house of the complainant where her elder sister aged about 18 years and minor aged about 13 years were present who were beaten by the accused persons and also molested by them. Accused went away by threatening to kill.
Learned counsel for the applicant submits that he has been falsely implicated in this case. Injuries received are simple in nature. Applicant is entitled to be enlarged on anticipatory bail. Learned A.G.A. has filed counter affidavit which is taken on record. It is submitted by learned A.G.A. that it is not a case of false implication there are two injured in this case. Both victims in their statement under Sections 161 & 164 Cr.P.C. have supported the prosecution case. The injury report of two injured corroborates the prosecution case. Injured Kanhaiya aged about 11 years has supported the prosecution case and has stated that the accused has beaten his both sisters. Perused the record.
On due consideration to the injury report, the statement of the doctor and the statement of victim so also the injury report which corroborates the prosecution case, this Court is of the opinion that it is not a case of false implication, no case for anticipatory bail is made out. The bail application is accordingly dismissed.
Order Date :- 6.6.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench