AJAY SAHANI ALIAS RAJU v. STATE OF U.P. AND ANOTHER
ABAIL/350/2025 · 2025-01-20
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7408 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7408 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:8496 Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 350 of 2025 Applicant :- Ajay Sahani Alias Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Deep Srivastava,Naveen Kumar Yadav,Pradeep Kumar Yadav Counsel for Opposite Party :- G.A.,Hari Narayan Singh Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Hari Narayan Singh, counsel for the opposite party no. 2, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 269 of 2024, under Sections 147, 148, 323, 354, 452, 376 I.P.C., Police Station- Chiluatal, District- Gorakhpur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. There is a cross-version of the incident. Both sides have received injuries. The applicant has no criminal antecedents. It is next contended that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. On the other hand, learned AGA and Sri Hari Narayan Singh, counsel for the opposite party no. 2 have opposed the prayer for anticipatory bail. 5. Having heard learned counsel for the parties and having perused the record, this court prima facie finds that in the alleged incident the victim's brother and her mother received injuries. The injury reports are collectively annexed as annexure no. 8 of the affidavit. Further, the victim in her statement under Section 161 Cr.P.C. and 164 Cr.P.C. has made specific allegation of indecent behaviour and sexual assault against the applicant. In my opinion, 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 :- 20.1.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad