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2025 DAILYLAW 164505 (ALL)

ANIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8851/2025 · 2025-09-16

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8851 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Vivek Chandra, learned counsel for the applicant, Shri Angad Kumar Vishvakarma, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.85 of 2024, under Section 377 IPC, registered at Police Station Lonikatra, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.03.2024 alleging that the applicant committed unnatural sex with the complainant's pregnant cow. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during the investigation and a charge sheet has already been submitted on 22.09.2024. He has produced the case diary for perusal of the Court which reveals that although sperm had been found on the underwear of the applicant, it has not been found in the swab taken from the cow. 6. Having considered the aforesaid facts and circumstances of the case that the applicant is having no criminal history and he is languishing in jail since 11.09.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. Versus Counsel for Applicant(s) : Vivek Chandra Counsel for Opposite Party(s) : G.A. Anil Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. Accordingly, this bail application stands allowed. 8. Let the applicant - Anil Kumar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 16, 2025 S. Shivhare BAIL No. 8851 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench