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Neutral Citation No. - 2025:AHC:129743 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15508 of 2025 Applicant :- Akash Pal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anupam Kumar,Saurabh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. The present bail application has been moved by the applicant-accused Akash Pal for the offence punishable under Sections 137(2), 87 B.N.S. and under Section 3/4(2) POCSO Act in Case Crime No.73 of 2025, Police Station- Maudarwaja, District Farrukhabad. 2. Sri Saurabh Tripathi, learned advocate appeared for the applicant and submits that the accused applicant has been falsely implicated in the present case. The F.I.R. has been lodged against anonymous person on 17.03.2025 wherein it is alleged that victim was enticed by the accused. There is no independent witness for the alleged offence. He has not committed any offence with the prosecutrix. The alleged offence is false and frivolous. It is further submitted that there is no criminal history of the accused applicant and he is languishing in jail since March, 2025. As such, he prays that the accused/applicant be enlarged on bail. 3. Per contra, learned AGA opposed the prayer for bail but stated that the accused had taken away a minor girl from the custody of her parents. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The perusal of the record prima facie reveals that the deposition of the prosecutrix has been recorded on 21.03.2025 and despite elapse of two dates, the prosecutrix did not appear, which led the court to issue bailable warrant against the prosecutrix to appear before the court for cross-examination. The F.I.R. has been registered on 17.03.2025 against the anonymous persons. The prosecutrix reached police station at her own on 19.03.2025. In her statement under Sections 180 and 183 B.N.S.S., it is stated by her that she went along with accused to visit Delhi, where they married. They did not enter
into physical relations. The accused is in jail since March, 2025. 6. Hence, without touching merit of the case and considering the entire gamut of facts, the bail application is allowed. 7.
The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 8. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 1.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad