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2025 DAILYLAW 21919 (ALL)

DALJEET v. STATE OF U.P. AND 3 OTHERS

BAIL/6835/2025 · 2025-07-28

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125534 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6835 of 2025 Applicant :- Daljeet Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aftab Alam Counsel for Opposite Party :- Shashank Ojha, Yadvendra Singh,G.A.,Vijay Pal Singh Hon'ble Avnish Saxena,J. 1. By means of this bail application the accused-applicant has prayed to be enlarged on bail in Case Crime No.293 of 2024 for offence punishable under Section 5/6 of POCSO Act, P.S. Kotwali Fatehgarh, District Farrukhabad. 2. Sri Aftab Alam, learned advocate submits that the accused- applicant, uncle of the victim has been falsely implicated by the informant, mother of victim as she was having matrimonial dispute with the younger brother of the accused and later on the cases have been filed by the informant in respect to matrimonial cases. The allegation has been made of the year 2023 without disclosing the specific date or month. The FIR has been registered on 11.09.2024. There is specific mention in the FIR that the informant's daughter has been subjected to aggravated sexual assault by the accused. There is change of statement made by the victim, which does not have any medical corroboration. The custody of the victim has been taken by the informant only in the year 2023 and since then the victim is living separately with her mother. The charge sheet has been submitted. The statement of the victim has been recorded. The accused-applicant is in jail since September, 2024. 3. Sri Shashank Ojha, learned counsel appears for the victim and learned A.G.A. have vehemently opposed the bail and submitted that there is specific statement of the victim recorded under Section 183 B.N.S.S. that the accused has committed sexual assault with the victim aged about 8 years. The charge sheet has been submitted. As such bail should be denied to the accused. 4. This Court has taken into consideration the rival submission made by the parties. 5. The record prima facie reveals that the FIR has been registered in the month of September, 2024 for the incident of 2023, without specifying the date and the specific allegation made. There is an admitted matrimonial dispute between the informant and younger brother of the accused.The medical report is silent about aggravated sexual assault. The accused is languishing in jail since September, 2024. The statement of the victim has already been recorded. 6. As such, without touching the merit of the case, the bail application is allowed. 7. Let the accused-applicant, Daljeet involved in above mentioned case crime number be enlarged on bail subject to furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. Order Date :- 29.7.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad