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2025 DAILYLAW 33154 (ALL)

VIJAY SINGH v. STATE OF U.P. AND 3 OTHERS

BAIL/11145/2025 · 2025-05-11

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78078 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11145 of 2025 Applicant :- Vijay Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anita Singh,Kumari Poonam Rajpoot,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Ms. Anita Singh, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Vijay Singh, seeking enlargement on bail in Case Crime No. 220 of 2023, under Sections 354B, 452 IPC and Section 9M/10 POCSO Act, Police Station Malawan, District Etah. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 17.11.2023. He 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. Learned counsel for the applicant submits that the victim was medically examined and as per the medical report no external or internal injuries were found on the body of prosecutrix. It is next submitted that there are various contradiction in the statement of prosecutrix and her mother recorded under Sections 161 and 164 Cr.P.C. No case is made out against the applicant under the aforesaid sections and the alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Vijay 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. 9. 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 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad