MUKEEM KHAN ALIAS GUDDU v. STATE OF U.P. AND 3 OTHERS
NABAIL/3260/2025 · 2025-05-08
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46948 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46948 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75727 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3260 of 2025 Applicant :- Mukeem Khan Alias Guddu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abdul Mazeed,Syed Mohammad Farook Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Learned A.G.A. submits that the notice of the present application has been served upon the opposite party no.2/informant on 23.4.2025 and opposite party no.4/Child Welfare Committee on 24.4.2025. The receiving endorsements produced by learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 2. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.462 of 2023, under Sections 147, 323, 504, 506, 354, 354-B I.P.C. and Section 7/8 of Protection of Children from Sexual Offences Act, Police Station- Soraon, District- Prayagraj, during the trial. 4. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. In the first information report four named accused and 7-8 unknown persons are nominated. In the alleged incident, as per medical reports of the mother and the sister of the informant, no external injury was seen on their body. For the first time the name of the applicants was disclosed by the victim in her statements under Section 161 Cr.P.C. and 164 Cr.P.C. It is contended that the said statements are an afterthought and unreliable. The applicant did not act inappropriately with the victim. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal history. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that applicant was not named in the first information report, as per medical reports of the mother and the sister of the informant, no external injury was seen on their body, for the first time the name of the applicants was disclosed by the victim in her statements under Section 161 Cr.P.C. and 164 Cr.P.C., investigation has been completed, charge sheet has been filed, the applicant had co-operated in the investigation, the applicant has been summoned by the concerned court, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Mukeem Khan Alias Guddu, involved in aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 9.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad