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2025 DAILYLAW 71304 (ALL)

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

BAIL/24450/2025 · 2025-09-24

Santosh Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24450 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Counter affidavits filed by learned counsel for the informant and learned A.G.A. for the State are taken on record. 2. Heard learned counsel for the applicant; Sri Anand Shanker Mishra, learned counsel for the informant and learned AGA for the State and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant Anil with a prayer to release him on bail in Case Crime No.82 of 2025, under Sections 351(2), 351(3) B.N.S. and 5(m)/6 POCSO Act, Police Station Kharkhauda, District Meerut, during pendency of trial. 4. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to ulterior motive. He further submitted that no any kind of specific injury was caused to the victim. The applicant has no criminal history and he is in jail since 21.04.2025. 5. Learned counsel for the informant and learned A.G.A. vehemently opposed the submission of learned counsel for the applicant and submitted that the applicant has committed heinous crime. Age of the victim is about ten years whereas age of the applicant is about 50 years. In the first information report it is clearly alleged that the applicant has committed penetrative sexual assault to the minor child. The victim stated Versus Counsel for Applicant(s) : Akhilesh Chandra Dwivedi, Sachchida Nand Tiwari Counsel for Opposite Party(s) : G.A. Anil .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) in the statement recorded under Sections 180 and 183 B.N.S.S. that accused applicant has committed penetrative sexual assault. In the medical report, injury was found on private part of the victim as 'anal tear 1cm x.5cm around perianal region at 6'o clock position 6. Without expressing any opinion on merits of the case and considering the submissions advanced by both the parties, nature of the injury of the victim, age of the victim and the nature and gravity of the accusation, I find no good ground to grant bail to the applicant in the aforesaid case. 7. The bail application of the applicant is, accordingly, rejected. September 25, 2025 Asha BAIL No. 24450 of 2025 2 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad