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2025 DAILYLAW 72374 (ALL)

LAL BABU KUSHWAHA v. STATE OF U.P. AND 3 OTHERS

BAIL/24577/2024 · 2025-04-22

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60887 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24577 of 2024 Applicant :- Lal Babu Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pradeep Kumar Mishra,Parashuram Barnawal,Ram Chandra Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Pradeep Kumar Mishra, learned counsel for the applicant, Sri B.P.Singh, learned A.G.A and perused the records. 2. This is the second bail application. First bail application was rejected on 16.5.2022. 3.The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Sessions Trial No.508 of 2019 (State Vs. Lal Babu Kushwaha) in Case Crime No.322 of of 2019, under Sections 363, 366, 376, 323, 506 I.P.C. and under Section 3/4 POCSO Act, Police Station-Pataherwa, District-Kushi Nagar. 4. Applicant is trying to take advantage of cross-examination of victim which took place after a period of more than 3 years (conducted on 24.1.2025), wherein she has contradicted her examination-in-chief (conducted on 15.3.2021 and 18.11.2021). No benefit could be granted of such delayed cross-examination since the victim has specifically stated against the applicant in her examination-in-chief conducted on 15.3.2021 and 18.11.2021, therefore, no case of bail is made out even though the applicant is in jail since 25.10.2019 i.e. about 5 years and six months. 5. This second bail application is accordingly rejected. Order Date :- 23.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad