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2025 DAILYLAW 49742 (ALL)

ANKIT v. STATE OF U.P. AND 3 OTHERS

BAIL/15612/2025 · 2025-05-18

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83219 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15612 of 2025 Applicant :- Ankit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A.,Ulajhan Singh Bind Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ram Kumar Pal, Advocate holding brief of Sri Vinay Kumar, learned counsel for the applicant, Sri Ulajhan Singh Bind, learned counsel for the informant, 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.30 of 2025, under Sections 74, 65(1) B.N.S. and 3/4, 7/8 POCSO Act, Police Station Rajawali, District Firozabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have tried to force the victim into his house and had outraged her modesty on 12.03.2025 at about 10:00 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about eleven hours and there is no explanation of the said delay caused. The victim has not whispered a single word about sexual assault in the FIR and subsequently in her statement recorded under Sections 180 and 183 B.N.S.S., she has escalated the allegations to that of rape after legal consultation. 6. Learned counsel for the applicant has further argued that the victim is 16 years old, but by her looks, she seems to be major. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 08.04.2025 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 counsel for the informant and learned A.G.A. have 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 fact that the victim has not whispered a single word about sexual assault in the 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- Ankit, 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 pressurise/intimidate with 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 :- 19.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad