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2025 DAILYLAW 186017 (ALL)

ANIL GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

BAIL/6195/2025 · 2025-12-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6195 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. FSL report is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State; Shri Praveen Shukla, learned counsel for respondent no.2 and perused the record. 3. The applicant seeks enlargement on bail in FIR No.374 of 2024, under Section 66, 106 BNS, Section 5J(iii)/6 of POCSO Act & Section 3(2)5 of SC/ST Act, P.S. Leelapur, District Pratapgarh. 4. In terms of the FIR it was alleged that the informant had taken her daughter to the agricultural field and when her daughter aged about 16 years had gone for getting water, the applicant allegedly got her and committed wrong on her and thereafter, tried to throttle her and thereafter, ran away. Victim ultimately died. Cause of death as per the postmortem report is antemortem throttling and as many as nine injuries were observed on the body of the deceased including contusion injuries on the vagina and lacerated wound on the vagina. FSL report produced by learned AGA clearly demonstrates that the sample taken from the applicant from his innerwear matched with the sample of the innnerwear of the victim. 5. Submission of learned counsel for the applicant is that the applicant is in custody since 07.10.2024 and only two witnesses have been examined so far out of total 27 witnesses, thus, there is no likelihood of the trial Versus Counsel for Applicant(s) : Sumit Kumar Srivastava, Jay Krishna Shukla Counsel for Opposite Party(s) : G.A., Praveen Shukla Anil Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) being concluded in the near future, as such, the applicant who has one case of criminal antecedents in which he is on bail, may be enlarged on bail. 6. Learned counsel for the informant and learned AGA opposed the bail application by arguing that in terms of the FSL report, the complicity of the applicant is clear and considering the manner in which the offence was committed, no good ground for bail is made out. 7. Learned counsel for the informant states that for the last six months, PW 2 is not being cross-examined and even cost has been imposed by the trial Court. 8. Considering the submissions made at the Bar, the allegations in the FIR are corroborated by the postmortem report and the FSL report on record. As such, considering the gravity of the offence where a minor girl of 16 years was raped and murdered brutally, no good ground for bail is made out. Present bail application is accordingly rejected. 9. It will be open to the applicant to apply for bail once again after the fact witnesses are examined. December 3, 2025 nishant BAIL No. 6195 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench