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2025 DAILYLAW 28905 (ALL)

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

BAIL/9626/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9626 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 4.4.2025 but none is present on behalf of the informant. 2. Heard Ms. Shilpa Ahuja, Advocate holding brief of Sri Devendra Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 07 of 2025, under Sections 126(2), 115(2), 76, 109 of BNS and Sections 7/8 of POCSO Act, Police Station - Gajraula, District - Amroha, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have deliberately hit the scooty of the victim, aged about 16 years, when she was coming from school on 04.01.2025 at about 05:00 PM and had subsequently outraged her modesty and assaulted her with an intention to cause her death by strangulating her. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about four hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the injuries sustained by the victim are simple in nature although one reddish contusion on her neck has been observed by the doctor conducting her medical examination. It is argued that the said injury can be self- inflicted and manufactured. The case of love affair has been converted into a criminal case by the informant. 7. Learned counsel has further stated that the age of the victim is more than 17 years, although by her looks, she seems to be major. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in Versus Counsel for Applicant(s) : Brijesh Kumar Mishra, Devendra Singh, Sanjay Ojha Counsel for Opposite Party(s) : G.A. Rahul .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) jail since 4.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer and learned counsel for the informant have has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the age of the victim and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Rahul, 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 following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 19, 2025 Siddhant BAIL No. 9626 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad