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2025 DAILYLAW 60887 (ALL)

ANIL KUMAR v. STATE OF U.P.

BAIL/17293/2025 · 2025-09-17

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17293 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Rama Shankar Mishra, learned counsel for the applicant, Sri Shashank Ojha, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.98 of 2025, under Sections 5M/6 of Protection of Children from Sexual Offences (POCSO) Act, 2012, Police Station-Jahangirabad, District-Bulandshahr, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation to the said delay caused. There is no medical corroboration of the incident. The matter has been settled between the family members. 5. Learned counsel for the applicant further argued that the dispute was over a drain, as such, the allegations have been escalated to that of unnatural offence. There is no criminal history of the applicant. The applicant is languishing in jail since 03.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Rama Shankar Mishra Counsel for Opposite Party(s) : G.A., Shashank Ojha Anil Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) consideration the delay in institution of FIR coupled with the fact that there is no medical corroboration of the incident, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Anil Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 18, 2025 Karan BAIL No. 17293 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad