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2025 DAILYLAW 2155 (ALL)

AMAN DHAIKAR v. STATE OF U.P. AND 3 OTHERS

BAIL/31419/2025 · 2026-04-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31419 of 2025 Court No. - 65 (Sr. No.156 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vinod Kumar Yadav, learned counsel for the applicant, Sri Mohd. Shahanshah Khan, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.56 of 2025, under Sections 137(2), 87, 65(1) BNS and 3/4 POCSO Act, Police Station Lalganj, District Mirzapur, 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 she travelled with the applicant all the way to Mumbai and stayed with him as his wedded wife. The victim, by her looks, seems to be major, although her date of birth, as per the school leaving certificate, is 10.7.2010, but there is no valid document to suggest that victim was less than 18 years old. The applicant has no criminal history and is in jail since 17.4.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Ravi Kant Verma, Vinod Kumar Yadav Counsel for Opposite Party(s) : G.A., Mohd. Shahanshah Khan Aman Dhaikar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 B.N.S.S., which indicates her consent, 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- Aman Dhaikar, 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. 31419 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad