LALLAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. U.P. GOVT. LKO. AND 3 OTHERS
ABAIL/977/2025 · 2025-09-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162581 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162581 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 977 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Bhanu Pratap Singh, the learned counsel appearing on behalf of the applicant as well as Ms. Shikha Sinha, the learned A.G.A.-I appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.140 of 2024 under Sections 354(A), 504, 506, 352 IPC and Section 9(m)/10 of P.O.C.S.O. Act registered at Police Station- Baundi, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.05.2024 stating that the applicant has been passing obscene comments on the informant's daughter aged 11 years for the past few days and he caught hold of her hand with evil intention in the evening of 28.05.2024. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is a 49 years old innocent person having no criminal history and he has been falsely been implicated in the present case. 6. The learned A.G.A.-I has opposed the prayer for bail and she has submitted that information of the present application has been delivered to the complainant. She has further submitted that the allegations have been established during investigation and a charge- sheet has been submitted on 12.06.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged offence carries a maximum imprisonment upto 7 years; that the applicant has no criminal history whereas the investigation stands concluded and the applicant was not arrested during investigation, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. Versus Counsel for Applicant(s) : Bhanu Pratap Singh Counsel for Opposite Party(s) : G.A. Lallan .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Govt. Lko. And 3 Others .....Opposite Party(s)
8. In view of the above, the anticipatory bail application of the applicants is allowed.
In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. September 8, 2025 -Amit K- ABAIL No. 977 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench