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2025 DAILYLAW 1591 (ALL)

SHASHIKANT AHIRWAR v. STATE OF U.P. AND 3 OTHERS

BAIL/25162/2025 · 2026-04-01

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25162 of 2025 Court No. - 65 (Sl. No. 110 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Tarun Jha, learned counsel for the applicant and Sri Rajesh Kumar, learned counsel for the informant, Ms. Sarita Dwivedi, learned counsel for High Court Legal Services Committee as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 21 of 2025, under Sections 137(2), 87, 64(1) of BNS and Sections 5/6 of POCSO Act, Police Station - Et, District - Jalaun, during the pendency of trial. 4. Having heard the learned counsel for the parties, this Court finds that the statement of the victim recorded u/s 183 BNSS indicates her consent, as she had accompanied the applicant from Jhansi to Maharashtra and married him. As per her own statement, she is about 16 years old, and in view of the settled law of the Supreme Court, a margin of two years on the upper side is to be allowed while determining her age. Moreover, there is no medical evidence on record to corroborate the alleged incident. 5. Without expressing any opinion on the merits of the case, prima facie the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Ram Krishna Yadav, Tarun Jha Counsel for Opposite Party(s) : G.A., Rajesh Kumar, Sarita Dwivedi, Satyam Mishra Shashikant Ahirwar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Let the applicant- Shashikant Ahirwar, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 7. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 2, 2026 Siddhant BAIL No. 25162 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad