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Neutral Citation No. - 2025:AHC:40530 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 984 of 2025 Applicant :- Vinod Patel Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar,Sher Singh,Yogendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
Learned counsel for the applicant prays for and is permitted to make necessary correction in the date of detention of the applicant. Heard learned counsel for the applicant, Smt. Anita Singh, learned counsel, holding brief of learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Vinod Patel, seeking enlargement on bail in Case Crime No. 180 of 2023, under Sections 363, 366, 120- B of the Indian Penal Code, Police Station- Bahariya, District- Prayagraj.
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 29.09.2023.
Learned counsel for the applicant submits that the FIR has been lodged after delay of three days of the incident without any plausible explanation. The applicant is not named in the FIR. In the statement of the victim recorded under Section 161 Cr.P.C., no allegation of sexual assault or harm has been made against the applicant. The victim out of her own free will had accompanied the applicant. The victim has also refused for her medical examination. 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, Vinod Patel, 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 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad