BASANT @ BASANT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
ABAIL/1137/2025 · 2025-10-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196953 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196953 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1137 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant; learned AGA for the State and perused the records.
2. The present application has been filed seeking anticipatory bail apprehending arrest in FIR No.59 of 2023, under Sections 376(AB) IPC & Section 5(m)/6 of POCSO Act, Police Station Motipur, District Bahraich.
3. The case was instituted by the informant through application under Section 156(3) Cr.P.C. in which it was stated that on 16.02.2023 at about 6 PM, the daughter of the informant aged about 10 years was coming back when the applicant caused wrong on her.
4. Submission of learned counsel for the applicant is that there is no proof with regard to age of the victim. It is argued that on account of enmity, false prosecution was lodged. Reliance is placed upon the subsequent allegations levelled by the applicant against the family members of the opposite party.
5. Considering the nature of the allegations levelled, no case for grant of anticipatory bail is made out.
6. The applicant would be at liberty to apply for regular bail, if so Versus Counsel for Applicant(s) : Gyanendra Pathak Counsel for Opposite Party(s) : G.A. Basant @ Basant Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
advised.
7. Present application is accordingly dismissed. October 10, 2025 nishant ABAIL No. 1137 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench