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2025 DAILYLAW 171459 (ALL)

RINKU @ RINKU SINGH v. STATE OF U.P.

BAIL/35647/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35647 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-Respondent and perused the record. This bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 41 of 2025, under Sections 115(2), 92, 351(3) of the B.N.S. and Section 3/4 of D.P. Act, Police Station Kant, District Shahjahanpur. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. He submits that the applicant and his family members never demanded any dowry from the informant. He submits that when the condition of the victim deteriorated the applicant immediately got admitted her in the hospital as such there was no any intention of harassing the victim by the applicant. The allegation of not providing food and water to the victim is concocted. Learned counsel for the applicant further submits that it is a case of no injury and no medical test was conducted by the Police as such the version of the FIR is totally false and baseless. He submits that nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. There is variation in the statement of the witness recorded by the Investigating Officer, which belies the prosecution story. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. The victim in her statement has said that nothing wrong has been done with her by the applicant. No specific role and motive has been assigned to the Versus Counsel for Applicant(s) : Avinash Tiwari Counsel for Opposite Party(s) : G.A. Rinku @ Rinku Singh .....Applicant(s) State of U.P. .....Opposite Party(s) applicant in the present case. The applicant is languishing in jail since 25.06.2025. The applicant 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, the bail has been prayed for. Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid fact raised by learned counsel for the applicant. Considering all those 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, Rinku @ Rinku Singh, 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. October 29, 2025 pks BAIL No. 35647 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad