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2025 DAILYLAW 182916 (ALL)

UPRETA KUMAR RASAIL ALIAS CHHOTU v. THE STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS

BAIL/6223/2023 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6223 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Mr. Manish Vaish, Advocate, who has been appointed amicus curiae by this Court, learned AGA and perused the office report from the trial court. 2. The applicant seeks enlargement on bail in FIR No. 23 of 2021, under Sections 342, 376D, 372, 506, I.P.C. and Section 5/6, POCSO Act, P.S. Maha Nagar, Lucknow. 3. Learned counsel for the applicant argues that in terms of the F.I.R. allegations were leveled against the applicant that the daughter of the informant, aged about 15 years, was robbed by the accused. Learned counsel for the applicant further argued that the applicant is aged about 65 years, he is in custody since 14.01.2021 and has no criminal antecedents. Report from the trial court indicates that seven prosecution witnesses have been examined and eight are due to be examined. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, particularly the pre-trial detention undergone by the applicant of more than five-and-a-half years, coupled with the age of the applicant and there being no likelihood of the trial being concluded in near future, however, without commenting upon the merits of the case, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Upreta Kumar Rasail Alias Chhotu be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and Versus Counsel for Applicant(s) : Arun Kumar Chauhan, Akil Imam, Mahmood Alam, Manish Vaish, Mayank Dwivedi, Syed Saad Anwar Counsel for Opposite Party(s) : G.A. Upreta Kumar Rasail Alias Chhotu .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) (c) 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. 7. For the services rendered by the amicus curiae, he is appreciated and he would be entitled to an amount of Rs. 11000/- (Eleven thousand only) to be paid by the Senior Registrar of this Court from the funds available. October 30, 2025 A.Nigam BAIL No. 6223 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench