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2025 DAILYLAW 46409 (ALL)

DHANANJAY MAURYA v. STATE OF U.P.

BAIL/13356/2025 · 2025-05-16

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82454 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13356 of 2025 Applicant :- Dhananjay Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Singh,Mahendra Kumar Sonker Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashwini Kumar Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.69 of 2025, under Sections 74, 78, 352, 351(3), 64(Cha) B.N.S., Police Station- Robertsganj, District- Sonbhadra, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about two years and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that it is a clear cut case of false implication as the applicant is maternal- uncle of the victim. The allegations of outraging the modesty and stalking have been escalated to that of rape by the victim in her statement recorded U/s 183 B.N.S.S. The victim is major aged about 21 years. 6. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 22.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the inordinate delay in institution of FIR and there being no medical corroboration of the incident, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Dhananjay Maurya, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 17.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad