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Neutral Citation No. - 2025:AHC:86824 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16194 of 2025 Applicant :- Nanhe Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.,Hemant Sharma Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Amir Khan, learned counsel for the applicant and Sri Hemant Sharma, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 43 of 2025, under Sections 376D, 506 IPC Police Station Salempur, District Bulandshahr, 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.
5. Learned counsel has also stated that the allegations are per se false. There is no recovery of any indecent photograph or video from the applicant or any other person whatsoever. The victim is a married lady having eight children and at the time of incident, she was having seven children. There is no medical corroboration of the incident. The applicant is aged about 42 years.
6. There is no criminal history of the applicant. The applicant is languishing in jail since 17.02.2025 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 and learned counsel for the informant have 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 fact that there is no recovery of any indecent photograph from the applicant coupled by the fact that there is no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed.
9. Let the applicant- Nanhe, 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 :- 22.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad