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2025 DAILYLAW 56993 (ALL)

DANISH v. STATE OF U.P.

BAIL/16439/2025 · 2025-05-22

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88032 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16439 of 2025 Applicant :- Danish Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Yogendra Pal Singh, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.409 of 2024, under Sections 351(3), 319(1), 64 B.N.S., Police Station Bramhpuri, District Meerut, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have impersonated by changing his name from Danish to Dinesh and had established corporeal relationship with the victim when he used to supply gas cylinders at her house. The said relationship continued for a substantial period of time, whereby the applicant forced the victim to convert to his religion and marry him and subsequently refused to do so as the victim also refused to convert from her religion. 5. The applicant is even stated to have clicked certain indecent photographs and video of the victim and blackmailed her to make them viral on social media. 6. 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 and there is no mentioning of date and time of offence whatsoever in it. The victim is major aged about 31 years. It is a clear-cut case of false implication. 7. Learned counsel for the applicant has further argued that there is no recovery of any photographs or video by the Investigating Officer. There is no criminal history of the applicant. The applicant is languishing in jail since 29.12.2024 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. Learned A.G.A. has vehemently opposed the bail application. 9. 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 no date and time of offence is mentioned in the FIR and there being no recovery of any photographs or video by the Investigating Officer, 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. 10. Let the applicant- Danish, 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. 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 :- 23.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad