Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19984 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ashwani Tripathi, Advocate holding brief of Sri Raghuvansh Misra, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 100 of 2025, under Section 75(2) of BNS and Sections 7/8 of Dowry Prohibition Act, Police Station - Bharthana, District - Etawah, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have outraged the modesty of informant's daughter on 26.04.2025 at about 12 Noon when he had come to work for the job of plumbing in a kitchen. The applicant is even stated to have assaulted her with the tap, causing injuries to her.
5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by more than seven hours and there is no explanation of the said delay caused.
6. Learned counsel has also stated that there is no injury sustained by the victim as per the injury report, as such, it is a clear cut case of false implication. The allegations have been inflated a bit in the statement of victim recorded u/s 183 BNSS and that too after legal consultations.
7. Learned counsel has next contended that the applicant is languishing in jail since 28.04.2025, having no criminal history to his credit. In case, the Versus Counsel for Applicant(s) : Raghuvansh Misra Counsel for Opposite Party(s) : G.A. Atulit Kumar Patel .....Applicant(s) State Of Up And 3 Others .....Opposite Party(s)
applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.
8. Per contra, learned State Law Officer has 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.
9. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, nature of offence, severity of punishment and also considering the delay in lodging the FIR and there being no medical corroboration of the incident, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Atulit Kumar Patel, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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. September 16, 2025 Siddhant BAIL No. 19984 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad