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2025 DAILYLAW 106960 (ALL)

FARHAN v. STATE OF U.P.

BAIL/41541/2024 · 2025-05-18

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83441 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41541 of 2024 Applicant :- Farhan Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Singh,Rohit Nandan Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rohit Nandan Pandey, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 571 of 2024, under Sections 64 & 75 of BNS, Police Station - Shikohabad, District - Firozabad, 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. He has nothing to do with the said offence as alleged in the FIR. Learned counsel has also stated that the victim is a married lady and she is 42 years old. 5. Learned counsel has further stated that the FIR was instituted regarding sexual harassment only but subsequently the allegations of rape have been made with regard to the incident occurred on 6 to 7 months back. There is no medical corroboration of the incident. There is no criminal history of the applicant. It is true that the applicant and the victim were having cordial relationship. The applicant is languishing in jail since 24.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the age of the victim and her marital status and also considering the fact that the allegations of rape have been made subsequently connecting to the incident occurred before 6 to 7 months and also there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Farhan, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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. Order Date:- 19.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad