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Neutral Citation No. - 2025:AHC:28367 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43709 of 2024 Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar,Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- Mithilesh Kumar Shukla,G.A.,Sudhir Kumar Shukla Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-opposite party, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Aman, seeking enlargement on bail in Case Crime No.572 of 2024, under Sections 87, 137(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali, District Mathura.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 03.09.2024.
Learned counsel for the applicant submits that the victim is a consenting party. In her statement, she has stated that she is aged about 17 years four months old. She has left her home on her own volition and joined the applicant. They have solemnized their nikah. No force has been used on her by the applicant. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned counsel for the first informant and learned AGA have vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed. Let the accused-applicant, Aman, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad