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2025 DAILYLAW 10064 (ALL)

HARENDRA ALIAS BADE v. STATE OF U.P. AND 3 OTHERS

BAIL/2058/2025 · 2025-04-24

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:63622 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2058 of 2025 Applicant :- Harendra Alias Bade Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ram Jatan Yadav, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Harendra @ Bade, seeking enlargement on bail in Case Crime No. 809 of 2024 under Sections 96 B.N.S. and 5M/6 POCSO Act, Police Station Sikandara, District-Agra. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 18.12.2024. First Information Report has been lodged on 08.12.2024 with the allegation that the applicant has committed unnatural sex with the son of the informant. In the medical report no external injury was found on the body of the victim. The real fact is that the informant and the applicant are resident of same locality and due to quarrel in between the children of the family members of the applicant and the first informant the present First Information Report has been lodged. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Harendra @ Bade, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 25.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad