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Neutral Citation No. - 2025:AHC:31426 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24476 of 2024 Applicant :- Arshad Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Learned A.G.A. has informed that notice to the informant has been served on 29.6.2024.
3. Heard Sri Pankaj Satsangi, learned counsel for applicant and Sri Sunil Kumar, learned A.G.A. for the State.
4. The present bail application has been filed by the applicant in Case Crime No.407 of 2023, under Sections 376, 452, 506 IPC, Section 3/4 POCSO Act, Section 3/5(1) of UP Prohibition of Unlawful Conversion of Religion Act, 2021 and Section 3(2)V SC/ST Act, Police Station- Civil Line, District- Budaun with the prayer to enlarge him on bail.
5. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. It is a clear cut case of false implication. The applicant has nothing to do with the said offence.
Learned counsel has stated that two witnesses of fact have been examined during trial, as such, there is no likelihood of the applicant tampering with evidence. There is no criminal history of the applicant. The applicant is languishing in jail since 5.8.2023. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that two witnesses of fact have categorically reiterated the allegations made in FIR and it is an open and shut case, as such, the applicant is not entitled for bail.
7. After hearing learned counsel for the parties and taking into
consideration the fact that during trial two witnesses of fact have
reiterated the allegations made in FIR, I do not find it a fit case for grant of bail to the applicant.
8. The bail application is found devoid of merits and is, accordingly, rejected.
9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme 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.
10. 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 :- 5.3.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad