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2025 DAILYLAW 70233 (ALL)

BHEEMSEN v. STATE OF U.P. AND 3 OTHERS

BAIL/23603/2025 · 2025-09-03

Santosh Rai

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23603 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant, learned AGA for the Sate and perused the record. 2. This bail application has been moved on behalf of accused-applicant, Bheemsen, seeking enlargement on bail in Case Crime No.269 of 2025, under Sections 351(2), 137(2) B.N.S. & 5m/6 POCSO Act, Police Station Katghar, District Moradabad. 3. Learned counsel for the applicant submits that accused has falsely implicated in this case due to village rivalry and he is not committed any offence against the victim. He further submits that charge-sheet has already been filed in this case and no other criminal history available against the accused-applicant. 4. Learned counsel for the informant vehemently opposed the prayer and submits that accused has committed a very heinous offence against a minor child having age of 6 years. He further submits that victim has stated that the accused applicant has committed unnatural sex with him. 5. From perusal of the First Information Report, it appears that FIR was registered on 11.05.2025 and medical report was prepared on 13.05.2025 after two days of the incident, though in the medical report, no any kind of injury was found on the body of the victim, but in statement of victim under Section 180, the victim stated that he went in the forest and accused applicant Bheemsen met there and he committed obscene activities and unnatural sex against him. In statement of victim under Section 183 which Versus Counsel for Applicant(s) : Mukul Yadav, Rajesh Yadav Counsel for Opposite Party(s) : G.A., Jitendra Singh Bheemsen .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) has been recorded before the Magistrate, the victim stated that accused- applicant Bheemsen carved him and committed unnatural sex to him. The accused-applicant is aged about 35 years whereas the victim is aged about 6 years. 6. In the light of the submissions made by learned counsel for the applicant, the learned counsel for the informant, age of the victim, statement of victim under Sections 180 and 183, role and involvement of the accused-applicant, sovereignty of punishment and gravity of the offence, bail application is, accordingly, dismissed. September 4, 2025 A.N. Mishra BAIL No. 23603 of 2025 2 (Santosh Rai,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad