NEETESH ALIAS NEET PRAKASH v. STATE OF U.P. AND 3 OTHERS
BAIL/20190/2025 · 2025-08-03
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66381 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66381 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:130136 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20190 of 2025 Applicant :- Neetesh Alias Neet Prakash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Punya Sheel Pandey Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Ajay Kumar Dwivedi, learned counsel for the applicant, Sri Punya Sheel Pandey, learned counsel for the first informant and Sri Birendra Pratap Singh,
learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Neetesh @ Neet Prakash, seeking enlargement on bail during trial in connection with Case Crime No. 99 of 2025, under Section 137(2), 87, 64, 352 B.N.S. and Section 3/4 POCSO Act and Section 3(2) S.C./S.T. Act, Police Station Shergarh, District Mathura. 4. The first information report of the present matter was lodged on 29.03.2025 by Buddhi against the applicant and the family members of the applicant alleging therein that on 04.11.2024 at about 2 pm his grand-daughter was lured and enticed away by the applicant. On 06.11.2024 the informant and other villagers somehow got his grand-daughter released from the clutches of the applicant. In the meantime, the applicant got an agreement of live-in-relationship prepared and singed by the victim. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that as per the Aadhar card of the victim her date of birth mentioned therein is 07.04.2006 and thus she was aged about 18 years at the time of the incident and a major. It is submitted that the first information report has been lodged after a delay of about 04 months & 23 days for which there is no plausible explanation. It is submitted that the victim denied her external and internal medical examination. The applicant has no criminal history as stated in para 19 and is in jail since 29.03.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that on the own showing of the applicant in paragraph 11 of the affidavit the date of birth of the victim as per High School mark-sheet is 04.08.2008 and as such she was a minor. It
is submitted that the statements of the victim shows that she was kidnapped and kept under illegal confinement and raped. It is submitted that as such there are serious allegations against the applicant. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a minor girl as per paragraph 11 of the affidavit itself. There are allegations serious in nature against the applicant. No ground for bail is made out. 8.
Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of.
Order Date :- 4.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad