Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62691 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13462 of 2025 Applicant :- Pramod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Memo of appearance has been filed on behalf of informant, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and Ms. Prachi Shukla, Advocate, holding brief of Shri Ram Badan Maurya, learned counsel for the informant as well as perused the material brought on record. 3. Learned counsel for the applicant has argued that the F.I.R. dated 03.02.2025 was lodged by the informant regarding missing of daughter of the informant from 31.01.2025. When the victim was recovered her statement under Section 180 BNSS was recorded wherein she had stated that she left her house on her own and reached Bidhuna where Sanju met her, who took her in his hut and molested her. Thereafter Sanju gave her to Lalit and Lalit gave her to the applicant. These three persons pressurized her to solemnize marriage with the applicant. The victim in her statement recorded under Section 183 BNSS had made allegation of rape against Sanju. In this statement she has not made any allegation of rape against the applicant. Learned counsel further submits that on the same set of allegation one co-accused, Lalit alias Amarjeet has already been enlarged on bail and the case of the applicant is not on the worse footing than that of that co-accused who has already been enlarged on bail, therefore, the applicant may be enlarged on bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to
accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 18.02.2025, with no criminal history. 4. Though, the learned A.GA.
for the State as well as learned counsel appearing for the informant have opposed the prayer for bail but they have not disputed that allegation of rape has not been assigned to the present applicant rather it has been assigned to the co-accused Sanju. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Pramod Kumar, be enlarged on bail in Case Crime No. 35 of 2025, under Sections 137(2), 87, 127(4) of B.N.S., Police Station- Kishni, District- Mainpuri, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 23.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad