Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 69748 (ALL)

AWADHESH @ AADESH v. STATE OF U.P. AND 3 OTHERS

BAIL/22529/2024 · 2025-04-09

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:53078 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22529 of 2024 Applicant :- Awadhesh @ Aadesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ambleshwar Pandey,Anuj Srivastava,Devaang Savla,Dhirendra Kumar Agrahari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sudhir Mehrotra, learned counsel for applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informed has been served on 30.05.2024. 4. The present bail application has been filed by the applicant in Case Crime No.38 of 2014, under Sections 354-A, 376AB IPC and 5m/6 of POCSO Act, Police Station Aurangabad, District Bulandshahr with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant is stated to have bitten the victim on several parts of her body and had even fingered her. The said allegations stands corroborated by medical evidence. 6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The victim has not supported the prosecution story during her cross-examination in court on 07.01.2025. She has stated that she was playing in the field and had fallen down and incurred the said injuries. The applicant is in jail since 28.02.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application. 8. After hearing learned counsel for the parties and taking into consideration the fact that examination-in-chief of the victim was conducted on 19.11.2024 and her cross-examination has been taken up on 07.01.2025 i.e. after a gap of almost two months., I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Apex 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. 11. 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 :- 10.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad