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2025 DAILYLAW 2505 (ALL)

JAYPAL v. STATE OF U.P. AND 3 OTHERS

BAIL/22262/2025 · 2026-04-19

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22262 of 2025 Court No. - 65 (Sr. No.106 out of 277) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sudarshan Singh, 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.345 of 2025, under Sections 64(2)M, 65(1), 351(2), 351(3) BNS and 3/4(2), 5(L)/6 POCSO Act, Police Station Faridpur, District Bareilly, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim has been examined as PW-1 during trial and she has completely resiled from her earlier statements and has been cross-examined by the public prosecutor after declaring her hostile. There is no likelihood of conviction of the applicant in the present case. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 13.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Arvind Kumar Sahu, Sudarshan Singh Counsel for Opposite Party(s) : G.A., Rakesh Kumar Singh Jaypal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the victim/PW-1 has turned hostile, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Jaypal, 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. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 20, 2026 Vikas Verma BAIL No. 22262 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad