Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33778 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that notice to the informant has been served on 22.9.2025.
2. Heard Sri Animesh Kumar Kushwaha, Advocate holding brief of Sri Deepak Kumar Verma, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in SST No.598 of 2025, arising out of Case Crime No.65 of 2025, under Sections 137(2), 87, 61(2) B.N.S. and 16/17 POCSO Act, Police Station- Govind Nagar, District- Kanpur Nagar, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence. The victim is a consenting party as is but evident from her statement recorded U/s 183 BNSS. Her consent can also be drawn from the fact that she had carried away ornaments and cash from the house at the time of her elopement.
5. It is further argued by learned counsel for the applicant that the victim by her looks seems to be major, although she is stated to be 15 years old. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 6.3.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Akansha Verma, Deepak Kumar Verma Counsel for Opposite Party(s) : G.A. Dipika .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
6. Learned A.G.A. has vehemently opposed the bail application.
7. 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 statement of the victim recorded U/s 183 BNSS, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Dipika, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. 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. October 6, 2025 Vikas Verma BAIL No. 33778 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad