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2025 DAILYLAW 188730 (ALL)

CHANDRABHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND 3 OTHERS

BAIL/13257/2024 · 2025-05-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30626 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13257 of 2024 Applicant :- Chandrabhan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Avnish Kumar Tiwari,Anil Mishra,Rajat Raj Narayan Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rajat Raj Narayan Bajpai, learned counsel for the applicant and Shri Mohd. Asif Khan, learned A.G.A.-I for the State 2. This is the second application seeking release of the applicant on bail in Case Crime No.17 of 2023 under Sections376-AB, 452 IPC & Section 5M/6 of P.O.C.S.O. Act registered at Police Station- Madhoganj, District- Haroi. 3. The ground that has been raised by the learned counsel for the applicant is that the prosecution witness has turned hostile. 4. The first bail application of the applicant bearing Crl. Misc. Bail Application No.1920 of 2024 was rejected by means of an order dated 09.07.2024 passed by a Co-ordinate Bench of this Court and in that also, it is recorded that the informant had supported the prosecution story in her examination-in-chief but she has turned hostile in her cross-examination. 5. The allegation in the present case is that the applicant was playing with the three months' old daughter of the informant and he put his finger inside her vagina. 6. The medico-legal examination report of the three months' old victim mentions that her hymen was not present and fresh bleeding on vagina was present. It is also mentioned in the medico-legal examination report that swelling was present over labia majora and labia minora. 7. Keeping in view the findings of the medico-legal examination report, I am of the view that the applicant is not entitled to be released on bail. 8. The second bail application of the applicant is accordingly rejected. . [Subhash Vidyarthi, J.] Order Date :- 22.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench