AVNISH ALIAS PRADHUMAN v. STATE OF U.P. AND 3 OTHERS
BAIL/8996/2025 · 2025-10-07
Santosh Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30148 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30148 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8996 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J.
1. Heard learned counsel for the applicant, learned AGA for the State- respondents and perused the record.
2. This bail application under Section 483 of B.N.S.S. has been moved on behalf of accused-applicant, Avnish Alias Pradhuman, seeking enlargement on bail in Case Crime No.204 of 2024, under Sections 506 IPC and 5J(ii)/6 POCSO Act and 3(2)(V) of SC/ST Act, Police Station Maudarwaza, District Farrukhabad.
3. Learned counsel for the applicant argued that the accused-applicant has not committed any offence. He has been falsely implicated in this case. He is ready to solemnize marriage with the victim, if he is released on bail. It is submitted that charge-sheet has already been filed in this case. The applicant is in judicial custody since 25.09.2024 having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail.
4. Learned A.G.A. vehemently opposed the above arguments and submitted that the applicant is named in the first information report. He has committed the penetrated sexual assault with the victim having the age of 15 years. The victim was minor at the time of incident. Due to committing sexual intercourse with the victim, she was pregnant and she gave birth to a child, who is now about six months old. In the statement under Section 183 B.N.S.S., the victim has stated specifically that the applicant had committed forceful sexual intercourse with her, thus, she has supported the prosecution version. The applicant has committed a very serious offence. It is submitted that the statement of the victim has been recorded before the trial court as PW2 and in her statement, she has stated that the applicant has committed Versus Counsel for Applicant(s) : Vinay Kumar Mishra Counsel for Opposite Party(s) : G.A. Avnish Alias Pradhuman .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
rape with her.
5. After perusal of the relevant records in the light of arguments advanced by
learned counsel for the applicant and learned A.G.A. and considering the
facts and circumstances of the case in totality, age of the victim, statements of victim recorded under Section 183 BNSS and before the trial court as PW2, looking to seriousness, severity of punishment and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant.
6. Accordingly, the bail application of the applicant is hereby rejected.
7. However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same as expeditiously as possible.
(Santosh Rai,J.) October 8, 2025 Radhika BAIL No. 8996 of 2025 2
Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad