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2025 DAILYLAW 184479 (ALL)

GUDDU v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

NABAIL/1622/2025 · 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. - 1622 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Mahendra Kumar Dixit, 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. Perusal of the FIR as well as the statement of the victim recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, prima facie, indicates the complicity of the applicant. The statement of the victim is consistent, and she has supported the prosecution version in both her statements. The offence alleged is under the POCSO Act, and there appears no reason for this Court to believe the applicant’s plea of false implication. Anticipatory bail being an extraordinary and exceptional remedy, this Court does not find any justification to exercise such jurisdiction in the present case, as it does not appear that the applicant has been falsely implicated or that his prosecution is motivated by malice or intended merely to injure his reputation. Moreover, the offence alleged is punishable with imprisonment up to seven years. Learned counsel for applicant, at this stage submits that he does not want to press the present anticipatory bail application; rather he may Versus Counsel for Applicant(s) : Shivendra Pratap Singh, Saurabh Singh Counsel for Opposite Party(s): G.A. Guddu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) be granted liberty to file regular bail application and the same may be decided in the light of judgment of Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021. In view of the above, prayer for anticipatory bail is refused and the application is dismissed as not pressed. However, it is provided that in case the applicant files a regular bail application within two weeks from today, the same be decided expeditiously, strictly in view of the law laid down by Supreme Court in the case of Satender Kumar Antil (supra). November 3, 2025 Madhu D.R/P.S NABAIL No. 1622 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench