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2025 DAILYLAW 40936 (ALL)

RAGHAV ALIAS PAPPU v. STATE OF U.P. AND 3 OTHERS

NABAIL/2816/2025 · 2025-05-20

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85927 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2816 of 2025 Applicant :- Raghav Alias Pappu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sarvind Kumar Pandey,Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 0244 of 2023, under Sections 354 I.P.C. and Section 7/8 of Protection of Children From Sexual Offences Act,, Police Station Katghar, District Moradabad, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents. The charge sheet has been filed in the matter whereupon cognizance has been taken. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the proceeding of tril and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail and argued since charge sheet has been filed whereupon cognizance has been taken, therefore, applicant does not deserve to any indulgence at this stage. 5. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 8. The anticipatory bail application is rejected. Order Date :- 21.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad