Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75446 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13234 of 2025 Applicant :- Kuldeep Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Joveen Kumar,Mohit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Joveen Kumar, learned counsel for the applicant, Sri Ajay Singh, 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, Kuldeep, seeking enlargement on bail in Case Crime No. 231 of 2022, under Sections 363, 366, 328, 506, 114, 120B of the Indian Penal Code and Section 16/17 POCSO Act, Police Station Ghoorpur, District Prayagraj. 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 01.04.2025. He has criminal antecedent of one case, which has been explained in para 20 of the affidavit 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 eloped with co-accused Nikhil Kumar Bhartiya and she performed married with him on 07.07.2022 in Arya Samaj Mandir and made physical relationship with him. The victim was recovered and her statement under Section 161 Cr.P.C. and 164 Cr.P.C. has been recorded. It is further submitted that there are various contradictions in the statements of the victim said to have been recorded under Section 161 & 164 Cr.P.C. It is next submitted that co-accused Nikhil Kumar Bharti and Suman have already been granted bail by coordinate Bench of this Court vide orders dated 11.07.2023 and 04.11.2022. It is also submitted that it is a case of money dispute between the father of the victim, applicant and opposite party no. 4, therefore, the first informant has lodged the false present case and implicated the applicant. No charge sheet has been submitted by the investing officer against the applicant. No offence under the aforesaid sections is made out against the
applicant. Hence, bail has been prayed for. 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, Kuldeep, 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 :- 7.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad