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2025 DAILYLAW 2822 (ALL)

GURPREET SINGH ALIAS LUCKY v. STATE OF U.P. AND 3 OTHERS

BAIL/23587/2025 · 2026-05-11

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23587 of 2025 Court No. - 65 (Sr. No.103 out of 243) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today is taken on record. 2. Heard Sri Alok Kumar Pandey, learned counsel for applicant, Sri Syed Anas Hussain, Advocate holding brief of Sri Rafeek Ahmad Khan, learned counsel for the informant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.143 of 2025, under Section 65(2) BNS and Section 5/6 POCSO Act, Police Station Kotwali Nagar (Mahoba), District Mahoba with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has stated that the allegations are per se false. It is true that the victim is of tender age, i.e., 5 years old, but the applicant has been falsely implicated in the instant case. There is a dispute between the families over the possession of a vacant land, which lies between the two houses, and the informant wants the applicant to leave the village, as all the other family members live elsewhere. The applicant is in jail since 26.03.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned counsel for the informant and learned State Law Versus Counsel for Applicant(s) : Alok Kumar Pandey, Narendra Giri, Sanjay Singh Sengar, Susheel Kumar Pandey Counsel for Opposite Party(s) : G.A., Rafeek Ahmad Khan Gurpreet Singh Alias Lucky .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Officer have vehemently opposed the bail application on the ground that there is injury on the vita part of the body of victim; as such, the applicant is not entitled to bail. 6. After hearing learned counsel for the parties and taking into consideration that the FIR is prompt and there is an injury on the vital part of the body of victim, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 7. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, as early as possible, in accordance with law, if there is no legal impediment. 8. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 12, 2026 (Ravi Kant) BAIL No. 23587 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad