Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83105 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15782 of 2025 Applicant :- Vinod Kumar Bharti Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raghawendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. As informed by learned AGA, notice to the informant has been served on 05.05.2025 but none is present on behalf of the informant.
2. Heard Sri Raghwendra Kumar Singh, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 139 of 2024 , under Sections 65(1), 137(2), 87 of BNS and Sections 5L/6 of POCSO Act, Police Station Pakadi, District Ballia, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 14 days and there is no explanation of the said delay caused.
5. Learned counsel has also stated that the victim is the consenting party. She has solemnized the marriage with the applicant in Arya Samaj Temple. The age of the victim is 19 years as per Aadhar Card and other documents.
6. There is no criminal history of the applicant. The applicant is languishing in jail since 28.01.2025 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. 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.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and taking into consideration the delay in FIR coupled by the fact that the victim is a consenting party, I find it a fit case to release the applicant on bail. The bail application is allowed.
9. Let the applicant- Vinod Kumar Bharti, 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 the 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 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad