Surendra Kumar Urf Raja v. State of U.P. and 3 Others
Case brief
What is this about?
Anticipatory bail application under S. 482 BNSS rejected by Allahabad High Court (single judge, Dr. Gautam Chowdhary, J.; order dated 7.7.2025; neutral citation 2025:AHC:105933). Applicant Surendra Kumar Urf Raja figured in Case Crime No. 178/2020 under S. 376 IPC and S. 5(M)/6 POCSO Act; prima facie evidence under S. 354 IPC and S. 9/10 POCSO Act registered; victim's DOB 08.07.2011 (about 9 years 4 months at incident); accusation repeated in S. 161 CrPC statement; no eye-witness; contradictory statements; reliance on Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694; prima facie sufficient ground to presume offence; application dismissed without expressing opinion on merits; certified copy to trial court.
What did the court decide?
Keeping in view the anticipatory-bail guidelines laid down by the Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, and taking into account the arguments of learned counsel for both sides, the nature of the accusations, the applicant's state of health and all the facts and circumstances of the case, the material available on the record prima facie discloses sufficient ground to presume commission of a cognizable offence by the applicant; accordingly, without expressing any further opinion on the merits, acceptance of the anticipatory bail application is not warranted.