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2025 DAILYLAW 50331 (ALL)

SHIVRAJ v. STATE OF U.P. AND ANOTHER

BAIL/14243/2025 · 2025-04-29

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67072 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14243 of 2025 Applicant :- Shivraj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Shahrukh Wasim Ansari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Shahrukh Wasim Ansari, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.170 of 2025, under Sections 69, 115(2), 352, 351(3), 74 B.N.S., 2023, Police Station Firozabad North, District Firozabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage several times and had barged into her house on 28.03.2025 and assaulted her again for the same. After raising of alarm, the applicant is stated to have run away from the place of occurrence. 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 four days and there is no explanation of the said delay caused. There is no time of offence mentioned in the FIR. The injuries sustained by the victim are simple in nature. There are two injuries on her face and one on left wrist. 6. Learned counsel for the applicant has further argued that the offences except Section 69 B.N.S. are bailable. The applicant is languishing in jail since 03.04.2025 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 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 delay of four days in institution of the FIR and the injuries being simple in nature, 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- Shivraj, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 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 :- 30.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad