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2025 DAILYLAW 2180 (ALL)

NEERAJ SHARMA v. STATE OF U.P. AND 3 OTHERS

BAIL/31449/2025 · 2026-04-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31449 of 2025 Court No. - 65 (Sr. No.158 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned State Law Officer has informed that the notice to the informant has been served on 12.9.2025. 2. Heard Sri Anuj Bajpai, learned counsel for the applicant, Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.253 of 2025, under Sections 137(2), 65(1), 87, 351(3), 352 BNS and 3/4(2) POCSO Act, Police Station Nigohi, District Shahjahanpur, 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 seems to be a consenting party, as she met the applicant at a temple in Haryana and is stated to have established corporeal relationship with him out of her own sweet-will and had married him. The victim is major and she herself mentioned her aged to be 18 years in her statement recorded U/s 183 BNSS. The applicant has no criminal history and is in jail since 10.8.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned State Law Officer 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 Versus Counsel for Applicant(s) : Anuj Bajpai Counsel for Opposite Party(s) : G.A. Neeraj Sharma .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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- Neeraj Sharma, 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. 31449 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad