Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31509 of 2025
Court No. - 65 (Sr. No.164 out of 259) HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that the notice to the informant has been served on 19.9.2025.
2. Heard Sri Vishesh Kumar, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. Learned counsel for the informant is not present.
3. Applicant seeks bail in Case Crime No.291 of 2024, under Sections 137(2), 61(2), 87, 65(1) BNS and 3, 4(2) POCSO Act, Police Station Chaubepur, District Kanpur Dehat, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as far as the applicant is concerned. She has stated that she had married the applicant as per the wishes of her mother. As such, it is a clear cut case of false implication. The applicant has no criminal history and is in jail since 22.9.2024. He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the statement of the victim recorded under Section 183 Versus Counsel for Applicant(s) : Hridesh Bhartiya, Vishesh Kumar Counsel for Opposite Party(s) : Alok Ranjan Tripathi, G.A. Ajay Alias Chhotu .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
B.N.S.S., whereby she has not levelled any allegation against the applicant, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Ajay Alias Chhotu, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 Vikas Verma BAIL No. 31509 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad