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2025 DAILYLAW 51911 (ALL)

SAHIB v. STATE OF U.P.

BAIL/14754/2025 · 2025-05-19

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84271 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14754 of 2025 Applicant :- Sahib Opposite Party :- State of U.P. Counsel for Applicant :- Srijan Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Srijan Pandey, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 56 of 2025, under Sections 69, 352, 131, 115(2), 351(2) of BNS, Police Station - Chandi Nagar, District - Baghpat, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the daughter of the informant on the false promise of marriage and had subsequently refused to comply with the said promise. The applicant and co- accused Ayyub are stated to have assaulted the victim on 26.03.2025 at about 08:00 PM. 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 17 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is major aged about 19 years and there is no injury sustained by her regarding the sexual assault. The injuries sustained by the victim on her external body are simple in nature. 7. Learned counsel has further stated that the applicant and the victim have fallen apart and the said injuries have been manufactured just to color the prosecution story. The applicant has nothing to do with the said offence. The case of physical brawl has been converted into the case of sexual assault. There is no criminal history of the applicant. The applicant is languishing in jail since 29.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR, nature of offence and also considering the injuries sustained by the victim which has been found to be simple in nature, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sahib, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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:- 20.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad