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2025 DAILYLAW 150272 (ALL)

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

NABAIL/835/2025 · 2025-07-10

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39394 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 835 of 2025 Applicant :- Rajan Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Puttu Lal Misra,Prince Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant as well as learned Additional Government Advocate for State. Learned A.G.A. on the basis of written instructions submits that notice to respondent No.2 has been served. 2.The present application has been filed seeking anticipatory bail in case crime No.0334 of 2024 under sections 61(2), 137(2), 140(3), 351(3) BNS, 16/17 POCSO Act, 3(2)(v) SC/ST Act, P.S. Rajesultanpur, district Ambedkar Nagar. 3.A perusal of the record shows that the victim is a minor girl of 16 years. The victim in her statement under section 183 BNSS has supported the prosecution case. The offence is under POCSO Act. As per school record, the victim is 15 years, 1 month and 12 days old. It does not appear to be a case of false implication. The offences are punishable upto seven years. There appears to be no apprehension of arrest in view of the law laid down by Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021. 4.In view of the above, prayer for anticipatory bail is refused and the application is dismissed with liberty to the applicant to file a regular bail application before the concerned court, which shall be decided expeditiously, strictly in view of the law laid down by Supreme Court in the case of Satender Kumar Antil (supra). Order Date :- 10.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench