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2025 DAILYLAW 102551 (ALL)

RAM KUMAR v. STATE OF U.P.

BAIL/33577/2025 · 2025-10-09

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33577 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that there is allegation against the applicant that on the false pretext of marriage the applicant establishes sexual relations with the victim forcibly, when the victim pressurized the applicant for marriage he got prepared a notary agreement and took her to Firozabad, where he kept the victim and developed sexual relations with her forcibly, but after some time he left her. Learned counsel further submits that in her statements recorded under Section 161 & 164 Cr.P.C. she reiterated the same version of F.I.R. with some contradictions. Learned counsel for the applicant further submits that as per the statements of the victim recorded under Section 161 & 164 Cr.P.C. the victim alleges that the applicant establishes sexual relations with the victim on false promise of marriage for three years, but she never made any complaint prior, which shows that she was a consenting party and the applicant has falsely been implicated in the case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 09.07.2025, having no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. Versus Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Ram Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. Accordingly, the bail application is allowed. 5. Let applicant-Ram Kumar, involved in Case Crime No. 365 of 2021, under Sections 323, 376, 419, 420, 504, 506 I.P.C., Police Station Sirsaganj, District Firozabad, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 10, 2025 Mustaqeem. BAIL No. 33577 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad