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2025 DAILYLAW 174810 (ALL)

Dharmendra Kumar v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT., LUCKNOW AND 3 OTHERS

/1331/2025 · 2025-12-02

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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. - 1331 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0004 of 2024 under sections 354, 354(Kha), 504, 506 I.P.C., 7/8 Protection of Children From Sexual Offences Act, P.S. Udaipur, district Pratapgarh. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State who states on the basis of instructions that respondent No.2 is served. However, none appears for the said respondent. 3.Learned counsel for the applicant submits that the applicant has no criminal history. The first information report has been lodged after a delay of sixteen days without any explanation. As per own statement of the victim under sections 161 and 164 CrPC, no offence is made out against the applicant. Medico-legal examination has been denied by the victim. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He submits that the victim is 17 years 11 months and 17 days old. 6.Considering the above aspects of the matter, perusal of the record, the Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Dharmendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt., Lucknow And 3 Others .....Opposite Party(s) applicant was not arrested during investigation, charge sheet has been filed, varied statement of the victim under sections 161 and 164 CrPC, the offences are punishable upto seven years, the undertaking given on behalf of the applicant that he shall cooperate in the trial, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. December 2, 2025 kkb/ ABAIL No. 1331 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench