Jeeshan vs State Of U.P. And 3 Others
2025 Latest Caselaw 156 ALL

Allahabad High Court

Jeeshan vs State Of U.P. And 3 Others on 1 April, 2025

Author: Krishan Pahal

Bench: Krishan Pahal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:44387 
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10574 of 2025
 

 
Applicant :- Jeeshan
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Akhilesh Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishan Pahal,J.
 

1. List has been revised.

2. Learned A.G.A. has informed that notice to the informant has been served on 26.3.2025.

3. Heard Sri Akhilesh Pandey, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

4. Applicant seeks bail in Case Crime No.252 of 2024, under Section 5g/6 POCSO Act, Police Station- Maharajpur, District- Kanpur Nagar, during the pendency of trial.

5. Learned counsel for the applicant has stated that in the instant case the applicant was enlarged on bail by this Court under Sections 137(2), 115(2), 74/70(2) B.N.S. and 3/4 POCSO Act vide order dated 7.3.2025 passed in Criminal Misc. Bail Application No.8220 of 2025. Later on during investigation, Section 5g/6 POCSO Act has been added. Learned counsel has further stated that the applicant has not misused the said liberty granted to him earlier on. The applicant is languishing in jail since 10.7.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

6. Learned counsel for the applicant has placed much reliance on the judgments of the Supreme Court passed in case of Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another, 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, 2018 SCC OnLine SC 3428, wherein the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. Although the instant case is of regular bail, but it can be considered to be on better footing.

7. Learned A.G.A. has vehemently opposed the bail application.

8. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

10. Let the applicant- Jeeshan, who is involved in aforementioned case crime be released on bail on the previous bail bonds, if already submitted, subject to conditions imposed by this Court vide order dated 7.3.2025 passed in Criminal Misc. Bail Application No.8220 of 2025.

11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date :- 1.4.2025

Vikas

(Justice Krishan Pahal)