ALEEM AND 2 OTHERS v. STATE OF U.P.THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS
ABAIL/642/2025 · 2025-07-23
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145052 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145052 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42183 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 642 of 2025 Applicant :- Aleem And 2 Others Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Rama Kant Dixit Counsel for Opposite Party :- G.A.,Rahul Srivastava Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Rama Kant Dixit, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 2. However, no one has appeared on behalf of the complainant/ opposite party No.2 nor any request for adjournment of the case has been made. 3.By means of this anticipatory bail application, the present applicants (Aleem, Baura @ Baur and Mohauddin) have prayed for grant of anticipatory bail in Case Crime No.107 of 2024, under Sections 363, 376(D) & 506 I.P.C. and Section 5(g)/6 of Protection of Children from Sexual Offences Act and Section 3 (2) (va) of SC/ST Act, Police Station-Hardi, District-Bahraich. 4.Learned counsel for the applicants has stated that the present applicants have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story so narrated in the impugned First Information Report (in short F.I.R.). Though they are named in the F.I.R. which has been lodged on 11.04.2024 for the alleged incident dated 03.02.2024 but during the course of investigation, no credible evidences have been found against the present applicants, therefore, the final report has been submitted. However, the learned court below has directed for further investigation. Therefore, bailable warrants and non-bailable warrants have been issued against the present applicants. 5.Learned Additional Government Advocate has opposed the aforesaid bail application by submitting that this is a case of kidnapping and gang rape of a minor girl belonging to SC/ST community and while recording her statement, she has levelled specific allegation against the present applicants. Therefore, this is not a case of false implication or a case wherein the present
applicants have been implicated having ulterior motive. 6.Learned Additional Government Advocate has further submitted that instead of filing this anticipatory bail application, the present applicants should file their regular bail applications before appropriate court of law. 7.
Having considered the submissions of learned counsel for the parties and having perused the material available on record, I do not find it proper to grant anticipatory bail to the aforesaid applicants, however, they may file their regular bail applications before the competent court of law. 8. Accordingly, this anticipatory bail application is rejected. 9. However, liberty is given to the present applicants to appear/surrender before the learned trial court concerned within two weeks from today and file their regular bail applications and if the present applicants appear/ surrender before the learned trial court concerned within the aforesaid stipulated time and file their regular bail applications, such regular bail applications may be considered and decided by the learned trial court concerned with expedition, strictly in accordance with law by affording an opportunity of hearing to the parties concerned and without giving any unnecessary adjournment to any of the parties. . [Rajesh Singh Chauhan,J.] Order Date :- 23.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench