Dismissed¶14

Bhondu @ Imtiyaj Ali v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC6 Jun 2025ABAIL/580/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; dismissal of bail application; POCSO Act Sections 7/8; IPC Sections 452, 354, 323, 504, 506; case crime No. 116/2023; P.S. Fakharpur, District Bahraich; alleged beating and molestation of minor sisters on 09.04.2023; injury report corroboration; victim statements under Sections 161 & 164 Cr.P.C.; not a case of false implication; Karunesh Singh Pawar, J.; Neutral Citation 2025:AHC-LKO:34846.

What did the court decide?

On due consideration of the injury reports, the statement of the doctor and the statement of the victim, which corroborate the prosecution case, the Court held that it is not a case of false implication. ¶14

Bhondu @ Imtiyaj Ali Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:34846

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 580 of 2025

¶4

Applicant :- Bhondu @ Imtiyaj Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Pawan Kumar Sharma Counsel for Opposite Party :- G.A.

¶5

Hon'ble Karunesh Singh Pawar,J.

¶6

The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.116/2023, under Sections 452, 354, 323, 504, 506 I.P.C. and Sections 7/8 of the POCSO Act, P.S. Fakharpur, District Bahraich.

¶7

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶8

None appears for the complainant although notices have been served.

¶9

In the prosecution case it is alleged that on 09.04.2023 at about 07:00 pm, his neighbour Bhondu, the present applicant came inside the house of the complainant where her elder sister aged about 18 years and minor aged about 13 years were present who were beaten by the accused persons and also molested by them. Accused went away by threatening to kill.

¶10

Learned counsel for the applicant submits that he has been falsely implicated in this case. Injuries received are simple in nature. Applicant is entitled to be enlarged on anticipatory bail.

¶11

Learned A.G.A. has filed counter affidavit which is taken on record.

¶12

It is submitted by learned A.G.A. that it is not a case of false implication there are two injured in this case. Both victims in their statement under Sections 161 & 164 Cr.P.C. have supported the prosecution case. The injury report of two injured corroborates the prosecution case. Injured Kanhaiya aged about 11 years has supported the prosecution case and has stated that the accused has beaten his both sisters.

¶13

Perused the record.

¶14

On due consideration to the injury report, the statement of the doctor and the statement of victim so also the injury report which corroborates the prosecution case, this Court is of the opinion that it is not a case of false implication, no case for anticipatory bail is made out. The bail application is accordingly dismissed.

¶15

Order Date :- 6.6.2025 Saurabh Yadav/-

¶16

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Bhondu @ Imtiyaj Ali v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Bhondu @ Imtiyaj Ali v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Suresh Kumar Vs State of U.P. Thru. the Prin. Secy. Home Lko.

Akhilesh Rai Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Rahul Vs State of U.P. Thru. Addl. Chief Secy. Lko. and 3 Others

Rohit Kumar Vs State of U.P. Thru. Its Addl. Chief Secy. Home Lko.

Hamid Khan Vs the State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko.

Ankit Gautam Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko