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2025 DAILYLAW 2661 (ALL)

SARDAR v. STATE OF U.P.

BAIL/44615/2025 · 2026-05-13

Krishan Pahal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44615 of 2025 Court No. - 65 (Sr. No.128 out of 269) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shrawan Kumar Pandey, learned counsel for the applicant, Sri Hanuman Prasad Kushwaha, learned counsel for the informant as well as 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.261 of 2025, under Sections 333, 87, 69, 115(2), 352, 351(3) BNS, Police Station Banpur, District Lalitpur, 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 is a consenting party as she travelled with the applicant to several places, including Indore and had not raised any alarm whatsoever during the said sojourn. The victim is major aged about 21 years. The criminal history assigned to the applicant has been explained and he is languishing in jail since 2.9.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Kamala Kant Pandey, Shrawan Kumar Pandey Counsel for Opposite Party(s) : G.A., Hanuman Prasad Kushwaha Sardar .....Applicant(s) State of U.P. .....Opposite Party(s) 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 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- Sardar, 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. May 14, 2026 Vikas Verma BAIL No. 44615 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad