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2025 DAILYLAW 7356 (ALL)

MOHD. SOHIL v. STATE OF U.P.

NABAIL/277/2025 · 2025-01-23

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12838 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 277 of 2025 Applicant :- Mohd. Sohil Opposite Party :- State of U.P. Counsel for Applicant :- Najam Uz Zaman Khan Counsel for Opposite Party :- G.A.,Saleem Ahmad Hon'ble Vivek Varma,J. 1. Statement of the victim under Section 183 B.N.S., produced by learned AGA, is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the material placed on record. 3. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.399 of 2024, under sections 115(2), 76, 333, 351(2), 64, 352 B.N.S., P.S. Charra District Aligarh. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. No such incident as alleged had occurred. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. On the other hand, learned AGA submits that there are allegations of sexual assault and indecent behaviour against the applicant. In the alleged incident the victim has received seven injuries. The injury report is annexed as Annexure-3 to the bail application. 6. I have considered the submissions of both the sides in the light of material produced including the first information report, statement of the victim under Sections 180 B.N.S. and 183 B.N.S. as well as medical report of the victim dated 19.11.2024. 7. In my view, this is not an appropriate case for grant of anticipatory bail. Hence the application is hereby rejected leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 24.1.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad