Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 191165 (ALL)

VISHAL v. STATE OF U.P. AND 3 OTHERS

BAIL/34123/2025 · 2025-10-13

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34123 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Counter affidavit filed by Sri Neetesh Kumar, learned counsel for the informant today in the Court, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the record. 3. At the very outset learned counsel for the applicant has submitted that the applicant is ready to solemnise marriage with the victim as has been averred in paragraph no.18 of the affidavit accompanying the bail application. 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 applicant is languishing in jail since 12.07..2025. 4. Learned counsel for the informant has also submitted that the family of the applicant is also ready to marry the victim with the applicant and the informant has no objection for the said marriage, which fact has been stated in paras-4 and 5 of the short counter affidavit filed on behalf of informant, who is the father of the victim. 5. Per contra, learned A.G.A. has opposed the prayer for bail. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 7. Let applicant Vishal involved in Case Crime No. 293 of 2025 under Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Vishal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Sections 115(2), 351(2), 64(2)(m) of B.N.S. and Section 5j(ii)/5l/6 of Protection of Children From Sexual Offences Act, Police Station Behat, District Saharanpur, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to 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 an 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. 8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 9. The bail application is allowed. October 14, 2025 S.Ali BAIL No. 34123 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad