Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27956 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in S.T. No. 973 of 2021 arising out of Case Crime No. 47 of 2021 at Police Station- Kotwali, District- Mathura under Sections 363, 366, 328 IPC and Section 16/17 POCSO Act. The applicant is in jail since 07.04.2025. The bail application of the applicant was rejected by the learned trial court on 21.04.2025. The following arguments made by Sri Ravi Prakash Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail:
1. The applicant is a law abiding citizen who cooperated with the police investigations. 2. The applicant joined the trial proceedings and attended the court proceedings on a regular basis. 3. The applicant could not be present in the trial court on certain dates due to illness and lack of communication with the counsel. 4. The applicant never influenced any witness or tampered with the evidence. 5. The applicant being a law abiding citizen undertakes to join the trial proceedings. Versus Counsel for Applicant(s) : Ravi Prakash Mishra Counsel for Opposite Party(s) : G.A. Priya .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
6. The applicant does not have any criminal history apart from this case. 7. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Priya be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. (Ajay Bhanot,J.) September 19, 2025 Pravin BAIL No. 27956 of 2025 2
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad