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2025 DAILYLAW 174827 (ALL)

SHAFIRQUR RAHMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

NABAIL/1625/2025 · 2025-11-03

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1625 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Anwar Alam, learned Advocate, on behalf of opposite party no. 2, is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State, and learned counsel for the complainant, and perused the record. The accused–applicant seeks bail in Case Crime No. 412 of 2025, under Sections 74 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012, Police Station – Dubagga, District – Lucknow. As per the prosecution case, the minor daughter of the informant, a student of Class 12, was studying in Maulana Girls School, where the applicant is stated to be a teacher. It is alleged that for the past one year, the applicant has been molesting the victim and had threatened her that if she raised any objection, she would be failed in the examination and her photographs and videos would be circulated on the internet. Out of fear, the victim remained silent. It is further alleged that on 27.09.2025, the applicant enticed her away. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no video or any other incriminating material has been recovered by the Investigating Officer. The case has been instituted due to a dispute relating to the tuition provided by the applicant to the victim. Learned A.G.A. has opposed the bail prayer of the applicant. Versus Counsel for Applicant(s) : Adil Aziz Khan, Aman Agarwal Counsel for Opposite Party(s) : G.A. Shafirqur Rahman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) I have considered the arguments advanced by learned counsel for the parties. Perused the record as well as the statements of the victim recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita. Perusal of the statements of the victim under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita shows that she has supported the prosecution case and made specific allegations against the applicant, who is the teacher. The learned trial court, while rejecting the bail application, has duly taken note of these facts. Anticipatory bail is an extraordinary remedy, intended to be exercised only in exceptional circumstances, where the Court is satisfied that the applicant has been falsely implicated or where no material exists to justify custodial interrogation. On due consideration of the facts that the applicant is a teacher and the victim is her student, who was about 16 years of age at the time of the alleged incident, and further that the victim has supported the prosecution case in both her statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, and the investigation is still in progress, custodial interrogation of the applicant may be required. Accordingly, the application is rejected. November 3, 2025 Madhu D.R/P.S NABAIL No. 1625 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench