Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:53788 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11923 of 2025 Applicant :- Naresh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit is taken on record. Heard Shri Omvir Singh Rajpoot, learned counsel for the applicant, Shri Mithlesh Kumar, 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, Naresh Kumar , seeking enlargement on bail in Case Crime No. 119 of 2025, under Sections 137 (2), 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station Banna Devi , District Aligarh.
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 22.2.2025.
Learned counsel for the applicant submits that victim in her statement recorded under Section 180 and 183 BNSS has said that she left her home out of her own will. Even, she had refused for her medical examination. She further said that she has not been sexually exploited. 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. Hence, bail has been prayed for. Learned AGA has 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, Naresh Kumar , 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 :- 11.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad