NAIMULLAH ANSARI ALIAS MUDDAN v. STATE OF U.P. AND 3 OTHERS
BAIL/26554/2024 · 2025-05-19
Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77443 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77443 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:84331 Reserved on 15.5.2025 Delivered on 20.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26554 of 2024 Applicant :- Naimullah Ansari Alias Muddan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Alok Kumar Yadav,Dinesh Kumar Yadav,Juned Alam,Mohd Hamid Counsel for Opposite Party :- G.A.,Sanjeev Kumar Yadav Hon'ble Siddharth,J. List has been revised. Heard learned counsel for the applicant and the learned A.G.A. for the State perused the record.. The instant bail application has been filed on behalf of the applicant, Naimullah Ansari Alias Muddan, with a prayer to release him on bail in Case Crime No. 69 of 2024, under Section- 376AB,323,506 I.P.C. and section 5/6 POCSO Act, Police Station - Tiwaripur, District - Gorakhpur. Learned A.G.A has informed that notice has been served upon the informant but no one appears on his behalf. There are allegations against the applicant of committing the offence of rape and criminal intimidation against the minor girl.
Learned counsel for the applicant has submitted that it is a case of false implication of the applicant. He has further submitted that allegations in the First Information Report are vague. There is no direct or indirect evidence against the applicant. After hearing the rival contentions, this court finds that child victim is aged about six years and has made clear allegations against the applicant in her statements recorded under sections 161 and 164 Cr.P.C.The hymen of the victim was found to be torn at 5 O'clock position and edges were found to be tender. Her vulva was found inflamed.
This Court after hearing the learned counsel for the parties does not finds any ground for enlarging the applicant on bail at this stage. The bail application is accordingly, rejected. The trial court is directed to conclude the trial against the applicant as expeditiously as possible, as per section 309 Cr.P.C.(New Section 346 B.N.S.S.)
Order Date :- 20.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad