Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 19353 (ALL)

ANNU SINGH ALIAS RAJ SINGH ALIAS DEEPU SINGH v. STATE OF U.P. AND 3 OTHERS

BAIL/5788/2025 · 2025-04-15

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:55782 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5788 of 2025 Applicant :- Annu Singh Alias Raj Singh Alias Deepu Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd Javed Akhter Counsel for Opposite Party :- Devendra Singh,G.A.,Nasira Adil Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mohd. Javed Akhter, learned counsel for the applicant, Sri Anjeet Singh holding brief of Sri Devendra Singh, learned counsel for the first informant, Ms. Nasira Adil, learned counsel for the High Court Legal Service Committee, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 B.N.S.S has been filed by the applicant-Annu Singh Alias Raj Singh Alias Deepu Singh, seeking enlargement on bail during trial in connection with Case Crime No.196 of 2024, u/s 87, 137(2), 65(1) BNS and 5/6 POCSO Act, P.S. Asothar, District Fatehpur. 4. Vakalatnama of Sri Devendra Singh, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order sheet regarding the same. 5. The FIR of the matter was lodged on 10.11.2024 by Parwati Devi against the applicant, Kajol and Kamlesh alleging therein that on 4.11.2024 Annu Singh, the brother of her neighbour Kajol at about 12 p.m. lured and enticed away her daughter and they were apprehended by her son and people of the village on the way and while bringing them to the house Annu ran away. When she and others reached home they came to know of the incident after which Kajol, her mother-in-law Kamlesh alias Bhola threatened them of dire consequences and also of kidnapping her daughter. She has come to the police station with her daughter. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim was interrogated under Section 180 and 183 BNSS and perusal of the said statements it appears that she is a consenting party. The victim has refused her medical examination. It is argued that the applicant is not having any criminal history as stated in para 25 of the affidavit and is in jail since 28.11.2024. 7. Per contra learned counsel for the first informant, learned counsel for the High Court Legal Service Committee and learned counsel for the State vehemently opposed the prayer for bail and argued that the victim is a minor girl aged about 15 years as per High School mark-sheet, the reference of which is in the case diary which is on page 29 of the paper book. It is submitted that the victim has named the applicant as the person who has established physical relationship with her forcibly. Since the victim is a minor girl and applicant is named in her statement and is the person who has established physical relationship forcibly, the bail application of the applicant be rejected. 8. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is named in the FIR, in the statements of the victim recorded during investigation. The victim has stated of the applicant establishing physical relationship with her. The victim is a minor girl aged about 15 years. 9. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 16.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad