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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21389 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Personal affidavit of S.I. Sri Trivendra Singh and compliance affidavit filed by learned A.G.A. are taken on record. 3. Heard Sri Ashwani Kumar Mishra, Advocate holding brief of Sri Sanjay Kumar Dubey, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.542 of 2024, under Sections 87, 137(2) B.N.S., Police Station Hathras Gate, District Hathras, 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 victim has not allayed any allegations against the applicant, rather she has stated in her statement recorded under Section 183 B.N.S.S. that the applicant had informed her on phone that a report has been registered by her father, as such, she returned home. 6. Learned counsel for the applicant has further stated that the victim by her looks seems to be major, although she is 17 years old. There is no criminal history of the applicant. The applicant is languishing in jail since 24.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Sanjay Kumar Dubey Counsel for Opposite Party(s) : G.A. Akshay @ Nikki .....Applicant(s) State of U.P. .....Opposite Party(s)
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, 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- Akshay @ Nikki, 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 12, 2025 (Ravi Kant) BAIL No. 21389 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad