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2025 DAILYLAW 65517 (ALL)

RINKU v. STATE OF U.P. AND 3 OTHERS

BAIL/18916/2025 · 2025-05-29

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93532 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18916 of 2025 Applicant :- Rinku Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 20.5.2025. 3. Heard Sri Noor Muhammad, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.207 of 2025, under Sections 137(2), 87, 64 B.N.S. and 3/4 POCSO Act, Police Station- Sirsaganj, District- Firozabad, 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. He has nothing to do with the said offence. It is a clear cut case of false implication as the victim in her statement recorded U/s 183 B.N.S.S. has stated that applicant did not sexually assault her and had left her at the house of his sister. There is no medical corroboration of the incident either. 6. It is further argued by learned counsel for the applicant that the victim by her looks seems to be major, although she is stated to be 15 years, 08 months and 25 days old. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 26.4.2025 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that victim has not levelled any allegation of sexual assault against the applicant in her statement recorded U/s 183 B.N.S.S. coupled by the fact that there is no medical corroboration of the incident either, 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- Rinku, 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. 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 :- 30.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad