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2025 DAILYLAW 29140 (ALL)

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

BAIL/8688/2025 · 2025-05-11

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76717 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8688 of 2025 Applicant :- Ajeet Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Ajay Kumar Mishra, learned counsel for the applicant and Shri Yagyavalka Pandey, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ajeet, seeking enlargement on bail in Case Crime No. 220 of 2024, under Sections 377, 506 I.P.C. and Section 3/4 (2), 5m/6 of POCSO Act, Police station Sarurpur, District Meerut. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.08.2024. First Information Report has been lodged on 19.08.2024 with the allegation that the applicant has committed unnatural sex with the son of the informant. In the medical report no injury was found on the body of the victim. Learned counsel for the applicant has submitted that the real fact is that the victim, who is 20 years of age, has committed rape with the wife of the applicant, clicked photographs and prepared video clip and the same was viraled on the social platform and when the applicant made complaint against him the first informant to create pressure upon the wife of the applicant has falsely implicated the applicant in the present case. In the present case charge sheet has been filed on 14.10.2024 and no further custodial interrogation of the applicant is required. Criminal history of three cases has been explained in the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ajeet, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 12.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad