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2025 DAILYLAW 30160 (ALL)

SURAJ MADHESHIYA v. STATE OF U.P. AND 3 OTHERS

BAIL/8926/2025 · 2025-04-08

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51699 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8926 of 2025 Applicant :- Suraj Madheshiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandan Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Chandan Kumar Jaiswal, learned counsel for applicant and Sri Manoj Kumar Maurya as well as Ms. Ifra Islam, learned State Law Officer for the State. 3. The present bail application has been filed by the applicant in Case Crime No.464 of 2024, under Sections 65(2) of B.N.S. and Section 5(m)/6 Protection of Children from Sexual Offences Act, Police Station Tarkulwa, District Deoria with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. There is no criminal history of the applicant. The applicant is languishing in jail since 19.01.2024 and he 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 A.G.A. has vehemently opposed the bail application on the ground that the victim is seven years old only and the applicant is stated to have inflicted injuries on her vital part which stand corroborated by the medical evidence as her hymen was found ruptured and redness and swelling was also observed by the doctor conducting her medical examination. 6. After hearing learned counsel for the parties and taking into consideration the fact that the victim is seven years old only and the applicant is stated to have inflicted injuries on her vital part, the complicity of the applicant in the said offence, I do not find it a fit case for grant of bail to the applicant. 7. The bail application is found devoid of merits and is, accordingly, rejected. 8. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Apex Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 9. 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. Order Date :- 9.4.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad