Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79203
Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16260 of 2025 Applicant :- Anodh Bind Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.48 of 2025, under Section 64(1) B.N.S., Police Station- Sarpatahan, District- Jaunpur, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have committed rape with the victim by forcing her into the agricultural field on 13.3.2025 at about 05:00 p.m.
5. 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. The FIR is delayed by more than four hours and there is no explanation of the said delay caused.
6. Learned counsel for the applicant has further stated that there is no medical corroboration of the incident as the victim has not sustained any bruise on her external part either. There is no sign of resistance in the incident. The victim is a married lady aged about 35 years.
7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.3.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
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 that there is 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.
10. Let the applicant- Anodh Bind, 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 pressurize/intimidate 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 :- 14.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad