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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7569 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 2. Heard Sri Vikrant Pratap Singh, learned counsel for the applicants and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. applicants seek bail in Case Crime No. 41 of 2025, under Sections 109, 115(2), 131, 352, 351(2) of BNS, Police Station Campierganj, District Gorakhpur, during the pendency of trial. 4. As per prosecution story, the applicants are stated to have established corporeal relationship with the victim on the false promise of marriage and had later on refused to comply with the said promise. 5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 6. Learned counsel has next stated that the case is of sudden provocation. The FIR itself is delayed by two days and there is no explanation of the said delay caused. It is true that injuries were found grievous in nature but the applicants have nothing to do with the said injury. The CCTV footage does indicate the presence of the applicants at the place of occurrence but the allegations have been inflated. Versus Counsel for Applicant(s) : Ankit Kumar Mishra, Vikrant Pratap Singh Counsel for Opposite Party(s) : G.A. Parmatma And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Learned counsel has further stated that earlier on FIR was instituted against six persons out of which four persons have been exonerated by the police, as such the applicants are entitled for bail. 8. The criminal history of one case assigned to the applicant no.2 stands explained as the said offence is bailable. The applicants are languishing in jail since 21.01.2025 and he is ready to cooperate with trial. In case, the applicants are released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merit of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 11. Let the applicants- Parmatma and Dharmata, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 15, 2025 Sumit S BAIL No. 7569 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad