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2025 DAILYLAW 202855 (ALL)

AKASH KUMAR PAL v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

NABAIL/1597/2025 · 2025-10-28

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1597 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.238 of 2024 under sections 7/8 of POCSO Act, P.S. Sareni, district Raebareli. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State.None appears for the complainant although notice is reported to be served. 3.Learned counsel for the applicant submits that earlier the applicant was granted anticipatory bail vide order dated 22.1.2025 passed in Anticipatory Bail No.125 of 2024 (Annexure-3). Now in added section, his anticipatory bail has been rejected. It is submitted that the applicant is not the main accused. No allegation has been levelled on the applicant by the victim in her statement under section 183 BNSS. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5.Considering the above aspects of the matter, perusal of the record, the applicant was already on bail in this case under sections 137(2)/87 of BNS and in the added sections, the applicant is seeking bail, sentence prescribed for the alleged offence, which is maximum period of five Versus Counsel for Applicant(s) : Jaikaran Counsel for Opposite Party(s) : G.A. Akash Kumar Pal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) years, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. October 28, 2025 kkb/ NABAIL No. 1597 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench