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2025 DAILYLAW 48848 (ALL)

DEEPU ALIAS DEEPAK ALIAS RAHUL v. STATE OF U.P. AND 3 OTHERS

BAIL/14025/2025 · 2025-08-03

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130604 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14025 of 2025 Applicant :- Deepu Alias Deepak Alias Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Priya Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned State Law Officer has informed that the notice to the informant has been served on 20.04.2025. 3. Heard Sri Anand Priya Singh, learned counsel for applicant and Ms. Ifra Islam, learned State Law Officer for the State. 4. The present bail application has been filed by the applicant in Case Crime No.16 of 2025, under Sections 5m/6 POCSO Act, Police Station-Rampur, District-Mau with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant is stated to have committed unnatural offence with the minor son of the informant aged about four years who was playing in the play ground on 17.02.2025 at about 05:30 PM. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about five years and there is no explanation of the said delay caused. There is no medical corroboration of the said incident, as such, it is a clear cut case of false implication. 7. Learned counsel for the applicant has further stated that the informant and applicant are real brothers and there is a property dispute between them as such a civil dispute has been converted into a criminal case just to invoke pressure to usurp property. 8. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 19.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned State Law Officer has vehemently opposed the bail application on the ground that there is injury sustained by the victim on his vital part as abrasion was present at 12 o'clock position and 5 o'clock position, as such, applicant is not entitled for bail. 10. After hearing learned counsel for the parties and considering the injuries sustained by the victim coupled with the fact that FIR is prompt, I do not find it a fit case for grant of bail to the applicant. 11. The bail application is found devoid of merits and is, accordingly, rejected. 12. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 4.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad