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2025 DAILYLAW 4857 (ALL)

RAJENDRA v. STATE OF U.P.

BAIL/703/2025 · 2025-03-17

Ashutosh Srivastava

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:38255 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 703 of 2025 Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh,Saksham Sharma,Vishnu Kant Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Amit Kumar Singh, learned counsel for the applicant, Sri Amrit Lal Chaurasiya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Rajendra, seeking enlargement on bail in Case Crime No. 545 of 2024, under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Pilkhuwa, District- Hapur. 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 28.10.2024. Learned counsel for the applicant submits that as per the statement of the victim recorded under Section 180 and 183 B.N.S.S., it is evident that the victim out of her own free will had accompanied the applicant and no allegation of sexual assault or harm has been levelled against the applicant. The victim refused for her internal 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, Rajendra, 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 :- 18.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad