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2025 DAILYLAW 201042 (ALL)

JAYANT v. STATE OF U.P.

BAIL/33102/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33102 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 173 of 2025, under Sections 137(2), 123 B.N.S., Police Station- Chola, District Bulandshahr. 3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR and subsequently victim in her statement recorded under Section 180 BNSS has stated that she herself left her house. However, subsequently, while recording her statement under Section 183 BNSS the victim, under the influence of her family member, has changed her statement but statement of victim recorded under Section 183 BNSS, shows that it was absolutely vague and showing that the victim herself came to temple to meet the applicant. He also added that applicant has no criminal history and he is languishing in jail since 19.08.2025 . In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into the fact that victim is 16 years old and in her statement recorded under Section 180 BNSS has stated that she herself left her house and the statement recorded under Section 183 BNSS shows that she herself reached the temple after Versus Counsel for Applicant(s) : Adya Prasad Tewari, Shubham Dwivedi Counsel for Opposite Party(s) : G.A. Jayant .....Applicant(s) State of U.P. .....Opposite Party(s) receiving the phone of the applicant to meet him and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant- Jayant involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. October 15, 2025 A.Kr. BAIL No. 33102 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad