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Neutral Citation No. - 2025:AHC:39448 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9069 of 2025 Applicant :- Atul Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shalvin Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Shalvin, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Atul Singh, seeking enlargement on bail in Case Crime No. 7 of 2025 under Sections 74 115(2) & 351 (3), B.N.S. and section 8 of Protection of Children from Sexual Offences Act 2012, Police Station-Khanna, District-Maohba.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since
21.01.2025. First Information Report has been lodged on 18.01.2025 with the allegation that on 17.01.2025 the applicant held the hand of the victim with wrong intention and on objection the applicant assaulted her and threatened her. Learned counsel for the applicant further submits that the real fact is that the First Information report is outcome of a dispute between the applicant and first informant with regard to a transaction at his shop. There in contradiction in the statement of the victim under Section 180 and 183 B.N.S.S. in which she has alleged that the applicant has pushed him due to which his head was bumped with the wall due to which she sustained injuries. In the medical report of the victim it is mentioned that there is no sign of sexual assault. The applicant has no criminal antecedent 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, but could not dispute the aforesaid facts. Considering all those 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, Atul Singh, 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 :- 19.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad