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Neutral Citation No. - 2025:AHC:133192 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26291 of 2025 Applicant :- Mahesh Kumar Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Yadav,Subhash Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. The present bail application has been moved by the applicant- accused Mahesh Kumar Prasad for the offence punishable under Sections 137(2) and 143 B.N.S. in Case Crime No. 367 of 2025, Police Station- Khorabaar, District Gorakhpur.
2. Mr. Sandeep Kumar Yadav, learned advocate, appears on behalf of applicant and submits that accused-applicant has been falsely implicated in the present case. He further submits that the role attributed to the accused-applicant is merely of supporting the girls to leave their house. The FIR has been registered by the father of the girl. The girls have already been recovered. No allegation regarding sexual abuse has been levelled against the accused- applicant. The charge sheet has been submitted in the matter. There is no criminal history to the credit of the accused-applicant. The accused-applicant is in jail since 02.06.2025.
3. Per contra, learned AGA has opposed the prayer for bail and submits that the charge sheet has been submitted against the accused-applicant.
4. Taken into consideration the rival submissions made by the parties and perused the record.
5. The perusal of the record reveals that the accused-applicant is not named in the FIR. The role attributed to the accused-applicant is of helping the girls to leave the house. No specific allegation of sexual assault has been made against the accused-applicant. There is no criminal history to the credit of the accused-applicant. The charge sheet has been submitted in the matter. The accused- applicant is in jail since 02.06.2025. Without touching the merit of the case, this bail application is allowed.
6. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 6.8.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad