Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35792 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is named in the F.I.R. along with one accused-Narendra Kashyap. The F.I.R. alleges allegation of rape against both the accused named in the F.I.R. Earlier the said co-accused, Narendra Kashyap, has filed his second bail application before this Court, wherein a coordinate Bench of this Court vide order dated 25.08.2025 passed in Criminal Misc. Bail Application No. 10818 of 2025, while observing that "on 30.07.2025 though victim appeared before the trial court as P.W.6 but due to her mental state her statement could not be recorded and in the charge sheet there are as many as 26 witnesses and prosecution till date could produced only 6 witnesses, therefore, there are no chances of early disposal of the trial", granted bail to the said co- accused. Learned counsel further submits that as both the accused are on the same footing, therefore, applicant may also be enlarged on bail on the ground of parity as till date he has also remained under incarceration for more than two years and there is no likelihood of early conclusion of trial. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is languishing in jail since 16.06.2023, with no previous criminal history into his credit. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant. Versus Counsel for Applicant(s) : Mayank Bhushan Nath Tripathi Counsel for Opposite Party(s) : G.A. Ramkesh .....Applicant(s) State of U.P. .....Opposite Party(s)
4.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Ramkesh, be enlarged on bail in Case Crime No. 208 of 2023, under Section 376D I.P.C., Police Station- Shivali, District- Kanpur Dehat, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 29, 2025 Mustaqeem. BAIL No. 35792 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad