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2025 DAILYLAW 186266 (ALL)

SHAILENDRA TIWARI v. STATE OF U.P THRU. PRIN. SECY. HOME AND 3 OTHERS

/5358/2024 · 2025-11-20

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5358 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.275 of 2021, under Section 376ABD IPC, Section 5M/5G/6 of PCOSO Act & Section 3(2)5 of SC/ST Act, P.S. Machharehta, District Sitapur. 3. In terms of the FIR, allegations were levelled that daughter of the informant aged about 10 years had gone out of home when the applicant committed wrong on her. Subsequently, in the statement under Section 164 Cr.P.C., the victim alleged that wrong was committed by two persons including the applicant. Medical on record clearly indicates presence of fresh tear and sign of forceful penetration. In the statement before the trial Court also, the victim has supported the prosecution. 4. Submission of learned counsel for the applicant is that the applicant has served more than 4 years and 2 months in pre-trial detention and as such, may be enlarged on bail. He further argues that co-accused whose name surfaced in the statement under Section 164 Cr.P.C. was declared juvenile and was enlarged on bail. 5. Considering the submissions made at the Bar, prima-facie, in terms of the statement of the victim and the medical, there is a clear corroboration. Considering the age of the victim which is around 10 years and the medical Versus Counsel for Applicant(s) : Rakesh Kumar Tripathi Counsel for Opposite Party(s) : G.A. Shailendra Tiwari .....Applicant(s) State Of U.P Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) corroborating the allegation, no good ground for bail is made out. 6. Present bail application is accordingly rejected. 7. However, it is directed that the trial shall be concluded expeditiously. 8. Superintendent of Police, Sitapur is directed to ensure that all the formal witnesses are produced before the trial Court for examination. November 20, 2025 nishant BAIL No. 5358 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench