Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:60677 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13046 of 2025 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Madan Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against unknown persons. Initially F.I.R. was lodged stating that 17 years old daughter of the informant went missing from her house. When the victim was recovered her statement under Section 180 and 183 B.N.S.S. were recorded wherein she stated that she went alone on her own wishes from her house on the date of incident and reached Delhi by Bus and met with Sonu, from whom she loved him for the last three years. She solemnized marriage with him and wants to live with him. Learned counsel further submits that as per educational certificate of the victim she was 17 years and six months of age of the date of incident. Thus, she has not made any allegation of rape against the applicant. As per medical report of the victim she was found 17 years of age at the time of her medical examination and no external injury was found on her medical examination. Thus, victim is a consenting party and the applicant has falsely been implicated in the case. 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 24.01.2025, with no criminal history. 3. Learned A.GA. for the State has opposed the prayer for bail. 4.
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. 5. Let the applicant-Sonu, be enlarged on bail in Case Crime No. 496 of 2024, under Sections 137(2), 87 of B.N.S., Police Station- Gonda, District- Aligarh, 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.
6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court.
Order Date :- 22.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad