Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39001 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1244 of 2025 Applicant :- Raman Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Lavkush Kumar Bhatt, learned counsel for the applicant, Shri Shashank Singh, learned Brief Holder for the State- opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Raman Kumar, seeking enlargement on bail in Case Crime No. 139 of 2024, under Sections 329(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of POCSO Act, Police Station Kampil, District Farrukhabad. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 24.09.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 21.09.2024 against five named accused persons including the applicant. As per medical report of the victim, no allegations u/s aforesaid sections is made out against the applicant. It is no where mentioned in the medical that there is any struggle mark on the person of the victim, which shows that she had tried to get rid of from the applicant. Charge-sheet has been submitted against the applicant in this case on 16.11.2024. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of
tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8.
Let the accused-applicant, Raman Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 18.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad