LAVKUSH CHAUHAN ALIAS AMIT v. STATE OF U.P. AND 3 OTHERS
NABAIL/3284/2025 · 2025-05-12
Mayur Jain Jt Registrar J Listing
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[ 2025 DAILYLAW 50014 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50014 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:77907 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3284 of 2025 Applicant :- Lavkush Chauhan Alias Amit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nitin Chandra Mishra,Sudekchhit Pandey Counsel for Opposite Party :- Ashutosh Kumar Gupta,G.A.,Laxmi Shankar Yadav Hon'ble Chandra Dhari Singh,J.
1. The instant bail application under Section 482 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.0755 of 2024, under Sections 65(2) and 351(2) of B.N.S. and Section 5M/6 of POCSO Act, Police Station - Kotwali Hata, District - Kushinagar.
2. Heard learned counsel for applicant, Sri K.P. Pathak, learned AGA for the State and Sri Laxmi Shankar Yadav, learned counsel for complainant.
3. Learned AGA for the State and learned counsel for complainant have vehemently opposed the instant bail application and submitted that the instant bail application is not maintainable at all as barred by sub-section (4) of Section 482 B.N.S.S. They have referred sub-section (4) of Section 482 B.N.S.S., which reads as follows:-
"Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023."
4. Taking into consideration of the objections raised by learned AGA and learned counsel for complainant and the aforesaid
provision of statute, I am agreed with the submissions made by
learned counsel for opposite parties. Accordingly, the instant application is dismissed as not maintainable. . (Chandra Dhari Singh, J.)
Order Date :- 13.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad