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Neutral Citation No. - 2025:AHC:79998 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12611 of 2025 Applicant :- Anand Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sandeep Kumar Yadav,Subhash Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard Sri Subhash Chandra Pandey, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State- Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 413 of 2024, under Sections 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023, and Section 5M/6 of POCSO Act, Police Station Ahirauli, District Kushinagar.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. He submits that the applicant has not done any sexual assault to the victim and there is no independent witness of the alleged incident. He submits that in the present case, charge-sheet has been filed on 10.04.2025 and the applicant is not required for any custodial interrogation. He submits that the the victim was medically examined by the Doctor but the medical report does not support the prosecution case. In the medical report, all injuries are simple in nature. The applicant is languishing in jail since 12.02.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but
could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Anand Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 15.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad