Allahabad High Court · 2025-12-17
CRIMINAL MISC. BAIL APPLICATION No. 44508 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. BAIL APPLICATION No. 44508 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. BAIL APPLICATION No. 44508 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44508 of 2025 Dileep Kumar Nishad .....Applicant(s) Versus State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Bal Ram Bind Counsel for Opposite Party(s) : G.A., Shyam Narain Pandey Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State-opposite party, and Sri Shyam Narain Pandey, learned counsel for the informant. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 575 of 2025, under Sections 376, 506 I.P.C., 5/6 POCSO Act and 3(2)(v) SC/ST Act, Police Station Sarai Khwaja, District Jaunpur during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the ossification test report, the victim was found aged 17 years. The range of error in determining the age is about two years and the same should be read in favour of the applicant at this stage. The victim, in fact is a major. Placing reliance on the statements of the victim under Sections 180 and 183 B.N.S