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2025 DAILYLAW 69880 (ALL)

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

BAIL/22805/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22805 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Manish Kumar Tripathi, learned counsel for the applicant, Sri Arpit Pal, Advocate holding brief of Sri Kuldip Singh, learned counsel for the informant, Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0188 of 2025, under Sections 75, 76, 115(2), 351(3) B.N.S., Section 9M/10 POCSO Act and Section 3(2)(Va) of SC/ST Act, Police Station Brahmpuri, District Meerut, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. The FIR is delayed and there is no time of offence mentioned in it. It is true that the age of the victim is 13 years, but she has refused her medical examination. The allegations were of outraging the modesty only do not carry to the degree of rape, as such, the applicant is entitled for bail. 5. Learned counsel for the applicant has further argued that the applicant is the friend of brother of the victim and both were employed at one and the same place. The case under SC/ST Act is also not made out against the applicant as no casteist remarks were made. There is no criminal history of the applicant. The applicant is languishing in jail since 08.05.2025 and he is Versus Counsel for Applicant(s) : Manish Kumar Tripathi Counsel for Opposite Party(s) : G.A., Kuldip Singh Asif .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant and A.G.A. have vehemently opposed the bail application. 7. 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, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Asif, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 19, 2025 (Ravi Kant) BAIL No. 22805 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad