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2025 DAILYLAW 2013 (ALL)

TANVEER AHMAD v. STATE OF U.P.

BAIL/38196/2025 · 2026-04-19

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 38196 of 2025 Court No. - 65 (Sl. No. 158 out of 277) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Satyam Mishra, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 177 of 2025, under Sections 64(2)(M), 115(2), 351(3) of BNS, Police Station- Nawabganj, District - Kanpur Nagar, during the pendency of trial. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and that he has no connection with the offence alleged in the FIR. It is further contended that the conduct of the victim, as reflected from the circumstances, indicates that she was a consenting party. It is also submitted that both the applicant and the victim were students pursuing an M.B.A. degree. The applicant has been in custody since 11.08.2025 and has no criminal antecedents. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 5. Per contra, learned State Law Officer has vehemently opposed the bail application, submitting that the applicant’s mobile phone was recovered, and that indecent videos of the victim were found therein, in which the applicant is seen in a compromising position with the victim. Versus Counsel for Applicant(s) : Ram Sajiwan Mishra, Satyam Mishra Counsel for Opposite Party(s) : G.A. Tanveer Ahmad .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, and taking into account that the applicant’s mobile phone was recovered and indecent videos of the victim were found therein, in which the applicant is seen in a compromising position with the victim, I am not inclined to hold this to be a fit case for grant of bail. 7. In view of the above, the bail application is, accordingly, rejected. 8. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment. 9. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. April 20, 2026 Siddhant BAIL No. 38196 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad