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2025 DAILYLAW 191981 (ALL)

RITIK THAKUR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

BAIL/25298/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25298 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Office vide its report dated 24.09.2025, notices issued to the first informant of the case as well as Child Welfare Committee has been have been served upon them but none appears on their behalf. 2. Heard learned counsel for the applicants, learned A.G.A for the State and perused the record. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began and during the trial, the statement of victim was recorded as P.W.1 and she has not supported the prosecution version, copy of which is at page no. 59 of the paper book. He thus submits that no offence against the applicants is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicant no.1 is languishing in jail since 01.05.2025 whereas the applicant no.2 is in jail since 25.02.2025. 4. Learned AGA has vehemently opposed the bail application and submits that in case the applicants are released on bail they will misuse the liberty of bail. 5. 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 Versus Counsel for Applicant(s) : Leena Srivastava, Mahendra Pal Singh Gaur Counsel for Opposite Party(s) : G.A. Ritik Thakur And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) application stands allowed. 6. Let the applicants Ritik Thakur and Amit Thakur be released on bail in Case Crime No. 73 of 2025 under Sections 137(2), 87, 70(2) of B.N.S., and Section 5G/6 of POCSO Act, Police Station Wazirganj, District Budaun on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants 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. 7. 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. October 14, 2025 S.Ali BAIL No. 25298 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad