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2025 DAILYLAW 58025 (ALL)

IMRAN v. STATE OF U.P.

BAIL/16482/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16482 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mahesh Kumar Tripathi, Advocate holding brief of Sri Ravi Shankar Yadav, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 07.04.2025. 4. Applicant seeks bail in Case Crime No.4 of 2025, under Sections 137(2), 87 B.N.S., Police Station Baraur, District Kanpur Dehat, during the pendency of trial. 5. 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 days and there is no explanation of the said delay caused. The victim is a consenting party. She has herself stated her age in the statement recorded under Section 183 B.N.S.S. to be 17 years old and she has expressed her willingness to stay with the applicant only. 6. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 12.02.2025 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. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Deepak Singh, Ravi Shankar Yadav Counsel for Opposite Party(s) : G.A. Imran .....Applicant(s) State of U.P. .....Opposite Party(s) 8. 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 the fact that the victim seems to be a consenting party, 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. 9. Let the applicant- Imran, 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. 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. September 11, 2025 (Ravi Kant) BAIL No. 16482 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad