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2025 DAILYLAW 10679 (ALL)

RAVI KUMAR v. STATE OF U.P.

BAIL/2222/2025 · 2025-05-16

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82782 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2222 of 2025 Applicant :- Ravi Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. The applicant was granted interim bail by this Court vide order dated 6.2.2025 as he was ready to marry the victim. Learned counsel for the applicant has informed that the applicant could not comply with the said order of this Court dated 6.2.2025 due to non-availability of the victim, as such, he has surrendered on 7.5.2025 before the court concerned. 3. Heard Sri Brij Lal Shukla, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.571 of 2024, under Sections 69 B.N.S. and 67 I.T. Act, Police Station- Sector-113 Noida, District- Gautam Budha Nagar, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and continued the said relationship for a period of two months, and subsequently, refused to comply with the said promise. There are allegations that applicant had video recorded the said indecent act and blackmailed her to make the said video viral on social media and he is even stated to have sent it to two family members of the victim. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. There is no recovery of any video from any person whatsoever except from the phone gallery of the applicant. The allegations are per se false. The victim is major aged about 21 years as per her own statement recorded U/s 183 B.N.S.S. 7. Learned counsel for the applicant has further stated that the applicant was earlier on in jail for about two months and is also in jail for the last ten days. The applicant has not misused the opportunity of interim bail granted to him earlier on and he is ready to cooperate with trial. There is no criminal antecedent of the applicant. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the age of the victim and the fact that there is no recovery of any video from any person whatsoever except from the phone gallery of the applicant, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Ravi Kumar, who is involved in aforementioned case crime be released on bail on his 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. Order Date :- 17.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad