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Neutral Citation No. - 2025:AHC:84611 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9330 of 2025 Applicant :- Virendra Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sukesh Kumar Counsel for Opposite Party :- Alka Singh,G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sukesh Kumar, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-respondents and Ms. Alka Singh, learned counsel for the High Court Legal Services Committee and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Virendra Singh, seeking enlargement on bail in Case Crime No. 12 of 2024, under Sections 377, 506 of I.P.C. and Section 5G/6 of POCSO Act, Police Station- Saifai, District- Etawah.
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 14.01.2024.
Learned counsel for the applicant submits that the victim in his statement recorded under Section 161 Cr.P.C. has levelled allegation against two persons, namely, Anil Kumar and Virendra Singh (applicant), whereas under Section 164 of Cr.P.C., allegation has been levelled only against the applicant and some developments have also been made. As per the medical examination report, no external injury has been found on the body of the victim. The applicant has criminal antecedent of one case 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 and learned counsel for High Court Legal Services Committee have vehemently opposed the prayer for bail. 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, Virendra 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 :- 20.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad