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2025 DAILYLAW 54964 (ALL)

BANI SINGH v. STATE OF U.P. AND 3 OTHERS

BAIL/15507/2025 · 2025-05-20

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85918 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15507 of 2025 Applicant :- Bani Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Sri Ashwani Kumar Mishra, learned counsel, holding brief of Sri Sanjay Kumar Dubey, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Bani Singh, seeking enlargement on bail in Case Crime No. 61 of 2025, under Sections 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 & Section 5m/6 of POCSO Act, Police Station- Chandpa, District- Hathras. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.03.2025. Learned counsel for the applicant submits that the statements of the victim are contradictory in itself as in his statement recorded under Section 180 B.N.S.S., allegation of molestation/sexual assault has been levelled against the applicant, but in his statement recorded under Section 183 B.N.S.S., no allegation of sexual assault/harm/molestation has been levelled against the applicant. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Bani Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 21.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad