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2025 DAILYLAW 56892 (ALL)

MONU v. STATE OF U.P. AND 3 OTHERS

BAIL/16159/2025 · 2025-05-13

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78665 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16159 of 2025 Applicant :- Monu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shailesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shailesh Kumar Mishra, 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.09 of 2025, under Sections 65(1), 351(2) B.N.S. and Section 3/4(2) POCSO Act, 2012, Police Station Kuthaund, District Jalaun, 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. The FIR is delayed by about two months and there is no explanation of the said delay caused. It is a clear-cut case of false implication. A false case has been created by the informant out of vengeance. 5. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 20.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 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 delay in institution of the FIR and there being no medical corroboration of the incident, 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. 8. Let the applicant- Monu, 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. Order Date :- 14.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad