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2025 DAILYLAW 203694 (ALL)

RIHAN ALI v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO. AND 3 OTHERS

ABAIL/1156/2025 · 2025-10-16

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1156 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.0140 of 2024 under sections 354, 323, 504, 506 I.P.C., 3(1)(w)(i), 3(1)(r), 3(i)(s) of SC/St Act, 7/8 of POCSO Act, P.S. Manpur, district Sitapur. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. As per instructions of learned A.G.A., notice to respondent No.2 is served, although none appears for the complainant. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated due to political rivalry. The victim while giving statement under section 164 CrPC has made improvement. The victim has not been medically examined. Offences are punishable upto seven years. The applicant has cooperated in the investigation. The charge sheet has been filed. 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 has no criminal antecedent, charge sheet has been filed, the Versus Counsel for Applicant(s) : Rishabh Yadav, Harshita Kapoor, Shilpi Singh Bhadauriya Counsel for Opposite Party(s) : G.A. Rihan Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And 3 Others .....Opposite Party(s) applicant has cooperated in the investigation, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 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 16, 2025 kkb/ ABAIL No. 1156 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench