Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25094 of 2025
Court No. - 65 (Sr. No.106 out of 262) HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that the notice to the informant has been served on 18.7.2025.
2. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
3. Heard Sri Rakesh Kumar Verma, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No.06 of 2025, under Sections 137(2), 64, 61, 87 BNS, 3/4 POCSO Act and 9/10 Prohibition of Child Marriage Act, 2006, Police Station Sonakpur, District Moradabad, during the pendency of trial.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as she had stayed with the applicant and married him. The victim has been examined as PW-2 and she has not supported the prosecution story during trial. As such, there is no likelihood of conviction of the applicant in the present case. The applicant has no criminal history and is in jail since 24.4.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application but could Versus Counsel for Applicant(s) : Rakesh Kumar Verma Counsel for Opposite Party(s) : G.A. Dinesh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
not dispute the submissions made by the counsel for the applicant.
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 fact that victim/PW-2 has not supported the prosecution story during trial, 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- Dinesh, 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. 25094 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad