Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:40641 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 666 of 2025 Applicant :- Satyam Rajpoot Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Salman Ahmad,Saqib Meezan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Arimardhan Yadav, 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, Satyam Rajpoot, seeking enlargement on bail in Case Crime No. 492 of 2024 , under Sections 75, 115 (2), 352 of the Bharatiya Nyaya Sanhita, 2023 read with Section 9m/10 Protection of Children from Sexual Offences Act, 2012, Police Station Premnagar, District Jhansi.
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 28.9.2024.
Learned counsel for the applicant submits that there is an inordinate delay of 4 days in lodging the FIR and there is no explanation for delay in lodging the FIR. The incident is alleged to have been taken at public places which is highly density, but there is no independent witness except Lakhan Ahirwar. The applicant was not present at the spot and this fact can very well be ascertained from the CCTV Footage installed at the place of occurence. 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, Satyam Rajpoot, 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 :- 20.3.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad