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2025 DAILYLAW 49880 (ALL)

SAGAR BAJPAI v. STATE OF UP AND 3 OTHERS

BAIL/15125/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15125 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Counter affidavit and rejoinder affidavit filed today are taken on record. 3. Heard Sri Luvlesh Kumar Sharma, Advocate holding brief of Sri Anurag Kumar Pandey, learned counsel for the applicant and Sri Suresh Dhar Dwivedi, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer for the State and perused the record. 4. Applicant seeks bail in Case Crime No.0118 of 2025, under Sections 118(1), 126(2), 109, 74, 352, 351(3) B.N.S. and Section 7/8 POCSO Act, Police Station Sadar Bazaar, District Shahjahanpur, during the pendency of trial. PROSECUTION STORY: 5. The applicant is stated to have stalked the victim several times and had outraged her modesty forcing her to marry him and had even assaulted her with a knife which was looking like 'Razor'. 6. Subsequently, when other passers-by and eye-witnesses went to save the victim from the clutches of the applicant, he is stated to have threatened them and also inflicted certain injuries on the body of the victim and had run away from the place of occurrence. ARGUMENTS ON BEHALF OF APPLICANT: Versus Counsel for Applicant(s) : Anurag Kumar Pandey, Chandra Prakash Pandey Counsel for Opposite Party(s) : G.A., Suresh Dhar Dwivedi Sagar Bajpai .....Applicant(s) State Of Up And 3 Others .....Opposite Party(s) 7. The applicant is absolutely innocent and has been falsely implicated in the present case. 8. The FIR is delayed by about five and half hours and there is no explanation of the said delay delay caused. 9. It is true that the victim had sustained incised wound, which are four in number, and two of those injuries were on the vital part of the body i.e. on her neck, but the applicant himself had sustained three injuries. One of those injuries was on his neck, which is a vital part of the body. There is no proper explanation of the said injuries sustained by the applicant except a vague allegation that the applicant had self-inflicted the said injuries. 10. The applicant himself is a 22 years old youth and the victim is 17 years old. A case of love affair has been converted into honor killing by the informant and the said attempt was foiled, as such, the instant FIR has been instituted by the informant, just to save his skin. 11. There is no criminal history of the applicant. The applicant is languishing in jail since 28.02.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/INFORMANT: 12. The bail application has been opposed on the ground that the injuries sustained by the applicant stands explained in the FIR itself. The injuries sustained by the victim are grievous in nature. 13. The FIR is not not delayed. It is within the reasonable time as the victim was taken to hospital and was medically examined as 1:40 p.m. CONCLUSION: 14. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the injuries sustained by the applicant as well as the victim in the said 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. BAIL No. 15125 of 2025 2 15. Let the applicant- Sagar Bajpai, involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. 16. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 17. 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. September 19, 2025 (Ravi Kant) BAIL No. 15125 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad