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2025 DAILYLAW 38749 (ALL)

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

BAIL/12519/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12519 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. This is the second bail application. 2. Sri Neelesh Ramchandani, learned counsel for the applicant has placed much reliance on the order of this Court dated 05.08.2025. The said order is as follows:- "This is the second bail application. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the applicant- Deepak, with a prayer to release him on bail in Case Crime No. 1183 of 2022, under Sections 354B, 307 I.P.C. and Section 5M/6 of POCSO Act, Police Station- Khurja Nagar, District- Bulandshahar. The first bail application was rejected by Co-ordinate Bench of this Court vide order dated 16.07.2024. It has been argued by learned counsel for the applicant that a material fact that the applicant was in fact a juvenile, at the time of pressing the first bail application before this Court, was not within the knowledge of the applicant. In order to buttress his submissions, learned counsel for the applicant placed reliance upon a document annexed at Annexure-5 to the affidavit filed in support of the bail application which is a photocopy of Scholar's Register and Transfer Certificate Form issued under the signatures of the Principle of Gyanoday Junior High School, Paraura, Aligarh. On the strength of the said document, it is argued that the applicant was a juvenile on the date of occurrence of the alleged incident in question. Upon perusal of the bail rejection order passed by the concerned trial court, the age of the applicant has been reflected as 22 years and in such view of the matter, the authenticity of the document relied upon by learned counsel for the applicant required to be verified. Accordingly, learned AGA is granted three weeks' time to seek specific instructions in Versus Counsel for Applicant(s) : Neelesh Ramchandani, Raghav Dev Garg Counsel for Opposite Party(s) : G.A. Deepak .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) that regard and also file counter affidavit in the matter. Put up this case on 30.05.2025 as fresh along with the records of first bail application." 3. Learned counsel for the applicant proposes to withdraw this bail application with a liberty to file an application under the Juvenile Justice (Care and Protection of Children) Act, 2015 before the trial court as the applicant himself claims to be juvenile and a direction be issued to the trial court to dispose of the same as per law. 4. Sri Deepak Kumar Singh, learned AGA has no objection to the aforesaid request. 5. In view of the above, the instant bail application is dismissed as withdrawn with the aforesaid liberty as prayed. September 19, 2025 Siddhant BAIL No. 12519 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad