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2025 DAILYLAW 103759 (ALL)

PRINCE v. STATE OF U.P.

BAIL/34970/2025 · 2025-10-09

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34970 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The accused applicant namely, Prince, is involved in Case Crime No.357 of 2025 under Sections 69, 351(3), 352 of B.N.S., Police Station Brahmnpuri, District Meerut. 3. Learned counsel for the applicant has submitted that according to prosecution allegations, on 04.08.2025 the applicant on the pretext of marriage took her to hotel and committed wrong with her, on the next day, he took her to District Court for solemnising marriage but the same was not solemnised. Learned counsel for the applicant has drawn attention of this Court to the statement of the victim recorded under Section 183 of B.N.S.S., and has stated that the victim has stated that in the year 2022 the applicant was her friend but she stopped talking to her since 2022, thereafter on 04.08.2025, he came to her school and took her to his grandmother's house, where his father and mother came and talked about her marriage and physical relations were also established between them and that the applicant wants to marry her but she refused to marry. Learned counsel argued that the victim is major and is a consenting party. He further submits that the ingredients of Section 69 of B.N.S., is not attracted in the present. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. 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 Versus Counsel for Applicant(s) : Aasheesh Yadav, Vivek Kumar Yadav Counsel for Opposite Party(s) : G.A. Prince .....Applicant(s) State of U.P. .....Opposite Party(s) is languishing in jail since 22.08.2025. 4. Learned AGA as well as learned counsel for the informant have vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicants. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant Prince be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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. v) The applicant shall not commit an 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. 7. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. October 10, 2025 S.Ali BAIL No. 34970 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad