Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14683 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Devendra Kumar Tiwari, learned counsel for the applicant, 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.29 of 2025, under Sections 74, 76, 308(2), 79, 351(2) BNS and Section 67A of I.T. Act, Police Station- Iradatnagar, District-Agra, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The allegations against the applicant are false. The applicant is stated to have made an indecent video of the victim and sent that video to the brother of the victim. It is further argued that the said mobile number was not of the applicant rather it was of main accused person Hariom.
5. Learned counsel for the applicant further argued that the case of the applicant is at a different footing to that of main accused person Hariom and applicant has simply been made an accused on account of him being in relation with the main accused person. Applicant is the brother-in-law (Sala) of the main accused person. There is no criminal history of the applicant. The applicant is languishing in jail since 23.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Devendra Kumar Tiwari, Raghubir Singh Counsel for Opposite Party(s) : G.A. Sunil Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
7. 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 case of the applicant is at a different footing to that of co-accused person Hariom, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Sunil Kumar, 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.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. 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 18, 2025 Karan BAIL No. 14683 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad