ANAND v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
BAIL/8134/2025 · 2025-12-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186879 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186879 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8134 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2. The applicant seeks enlargement on bail in FIR No.169 of 2025, under Sections 65(1), 351(3) of BNS and Section 5m & 6 of POCSO Act, Police Station Gangaghat, District Unnao.
3. In terms of the FIR, it was alleged that the daughter of the informant aged about 6 years was taken by the applicant and wrong was committed on her. This fact was informed by the daughter on 20.03.2025 whereas the incident was alleged to have taken place on 14.03.2025. The incident came in the light when the victim was being bath by the mother and thereafter, the FIR in question was lodged on 29.03.2025. The medical report on record indicates the presence of redness on the hymen, which was found to be torn. The age of the victim is around six years.
4. In the light of the aforesaid, the Counsel for the applicant argues that the FIR in question was lodged after substantial delay. It is further argued that in view of the delay, the medical report on record cannot be attributed to the applicant.
4. Learned A.G.A. vehemently opposed the bail prayer by arguing that the Versus Counsel for Applicant(s) : Kirti Raj Singh, Aseem Misra, Rudresh Pandey, Suneel Kumar Tiwari, Yogesh Gupta Counsel for Opposite Party(s) : G.A., Dilip Kumar Anand .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s)
victim is aged about 6 years and supported the prosecution case in her statement recorded under Section 183 of BNSS.
5. Considering the statement of the victim aged about 6 years, recorded under Section 183 of BNSS, which is duly corroborated by the medical report and merely because the delay in lodging the FIR, the incident cannot be disbelieved and also considering the gravity of the offence, the age of the victim and the medical report, I am of the view that it is not a fit case for bail. Accordingly, the bail application is rejected. December 3, 2025 akverma BAIL No. 8134 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench