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2025 DAILYLAW 45583 (ALL)

GAGAN THAKUR v. STATE OF U.P. AND 3 OTHERS

BAIL/13137/2025 · 2025-05-05

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72859 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13137 of 2025 Applicant :- Gagan Thakur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Pandey,Pradeep Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 230 of 2023 at Police Station-Kalyanpur, District-Kanpur Nagar under Sections 5/6 of POCSO Act. The applicant is in jail since 15.06.2023. The bail application of the applicant was rejected by the learned trial court on 28.02.2025. The following arguments made by Shri Akhilesh Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Ms. Silpa Singh Sikarwar, learned counsel on behalf of the High Court Legal Services Committee and Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant has been enlarged on bail by order dated 14.05.2024 in the same offence under Sections 363, 366, 120-B, 376 IPC and Section 3/4 POCSO Act by this Court in Criminal Misc. Bail Application No.4345 of 2024 (Gagan Thakur v. State of U.P. and 3 others). However, the applicant was not enlarged on bail because one of the sections were incorrectly mentioned. 2. This is the bail application in the correct section i.e. Section 5/6 of POCSO Act which due to inadvertence was not mentioned in the earlier bail application. 3. The applicant is entitled to be enlarged on bail in this case as well on the same grounds as in the bail order dated 14.05.2024 passed by this Court in Criminal Misc. Bail Application No.4345 of 2024 (Gagan Thakur v. State of U.P. and 3 others). Let the applicant-Gagan Thakur be released on bail in Case Crime No.230 of 2023 at Police Station-Kalyanpur, District-Kanpur Nagar under Section 5/6 of POCSO Act under the same conditions. The bail application is allowed. The applicant was enlarged on bail earlier on 14.05.2024. There is inordinate delay in filing this bail application. The matter is of a grave concern. The concerned DLSA and the courts shall respectively immediately flag the case in which the prisoner is not enlarged on bail one week after the bail order is passed by this Court and take prompt action thereafter. The learned District Judge is directed to look into the matter and ensure that such instances are not repeated in future. Order Date :- 6.5.2025/Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad