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2025 DAILYLAW 2601 (ALL)

PARMAI LAL v. STATE OF U.P. AND 3 OTHERS

BAIL/44555/2025 · 2026-05-14

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44555 of 2025 Court No. - 65 (Sr. No.111 out of 202) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned A.G.A. has informed that notice to the informant has been served on 12.12.2025. 2. Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.519 of 2025, under Sections 65(2) BNS and 5(m)(n)/6 POCSO Act, Police Station Roza, District Shahjahanpur, during the pendency of trial. 4. As per prosecution story, the allegations against the applicant are of fondling with the victim, who happens to be his niece. . 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 19 hours and there is no explanation of the said delay caused. Obviously, there is no medical corroboration of the incident. It is a clear-cut case of false implication. The applicant has no criminal history. He is languishing in jail since 17.10.2025, as such, the period of incarceration is about 07 months. He undertakes to cooperate with the trial and not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be Versus Counsel for Applicant(s) : Suresh Dhar Dwivedi Counsel for Opposite Party(s) : G.A. Parmai Lal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) disputed. 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 delay in institution of FIR and 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 the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Parmai Lal, 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. May 15, 2026 Vikas Verma BAIL No. 44555 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad