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2025 DAILYLAW 1674 (ALL)

AJAY PATEL v. STATE OF U.P.

BAIL/25100/2025 · 2026-04-01

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25100 of 2025 Court No. - 65 (Sr. No.107 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.107 of 2025, under Sections 64, 62, 115(2), 352, 351(3), 333 BNS, Police Station Mauaima, District Prayagraj, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have attempted to commit rape on the victim on 15.3.2025 at about 03:30 a.m. and is even stated to have bitten her on her face, lower the lips. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about twelve days and there is no explanation of the said delay caused. The allegations are of attempt to rape. The allegations are per se false. The applicant has no criminal history and is in jail since 4.4.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application on the ground that allegations of biting the victim on her face stand corroborated by the medical report, although the said injury was simple in Versus Counsel for Applicant(s) : Narendra Kumar, Santosh Kumar Rai, Shiv Poojan Patel, Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A. Ajay Patel .....Applicant(s) State of U.P. .....Opposite Party(s) nature. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the inordinate delay of twelve days in institution of FIR, and 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. The bail application is allowed. 8. Let the applicant- Ajay Patel, 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. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 2, 2026 Vikas Verma BAIL No. 25100 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad