Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:42028 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9432 of 2024 Applicant :- Dheeraj Pandey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajeet Kumar Srivastava,Arvind,P.K. Singh Counsel for Opposite Party :- Aarushi Khare,G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. As informed by learned AGA, notice to the informant has been served on 3.3.2024 but none is present on behalf of the informant.
2. Heard Sri P.K. Singh and Sri Ajeet Kumar Srivastava, learned counsel for the applicant and Ms. Aarushi Khare, learned counsel for High Court Legal Services Committee as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 73 of 2022, under Sections 323, 376, 506 of I.P.C. and Sections 5/6 of POCSO Act, Police Station - Sureri, District - Jaunpur, during the pendency of trial.
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 as alleged in the FIR. The trial is at its conclusive end as already P.W.-8 has been examined and the cross examination of PW- 8 is going on as per the status report of the trial court.
5. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 11.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned A.G.A. and learned counsel for the High Court Legal Services Committee have vehemently opposed the
bail application on the ground that there is a serious allegation against the applicant of having sexual assault of his two daughters, as such, the applicant is not entitled for bail.
7. Considering the facts and circumstances of the case,
submissions advanced by learned counsel for the parties, nature of offence, evidence on record and considering the complicity of accused, severity of punishment and the stage of trial being at its conclusive end, I do not find it a fit case to release the applicant on bail.
8. The bail application is, accordingly, rejected.
9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme 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.
10. 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:- 21.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad