AKHILESH VISHWAKARMA v. STATE OF U.P. AND 3 OTHERS
BAIL/26070/2025 · 2026-04-22
Krishan Pahal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2453 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2453 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26070 of 2025
Court No. - 65
HON'BLE KRISHAN PAHAL, J.
1. As per office report dated 23.7.2026, the complete file got misplaced in transition/receiving/placing and could not be traced so far.
2. Let the file be reconstructed. Office shall take every endeavour to get the file reconstructed.
3. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 9.7.2025.
4. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant, Sri J.K. Chaurasia, learned State Law Officer and perused the material placed on record.
5. Applicant seeks bail in Case Crime No. 38 of 2025, under Sections 137(2), 87, 64(2)(i) BNS and 3/4 POCSO Act, Police Station AIIMS, District Gorakhpur, during the pendency of trial.
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 u/s 183 BNSS, whereby she seems to be consenting party, as she had gone with the applicant all the way to Bengaluru and did not raise any alarm during the said sojourn; there being no medical corroboration of the incident and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that Versus Counsel for Applicant(s) : G.A., Nagendra Kumar Tripathi, Rajesh Kumar Singh Counsel for Opposite Party(s) : Mata Pher Akhilesh Vishwakarma .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
the applicant has made out a case for bail. Accordingly, the bail application is allowed.
7. Let the applicant- Akhilesh Vishwakarma, who is involved in aforementioned case 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 subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
8. Breach of any of the above condition shall entail cancellation of bail. The observation herein shall not affect the trial on merits.
April 23, 2026 Shalini BAIL No. 26070 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad