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2025 DAILYLAW 85442 (ALL)

RAMKISHAN ALIAS RAMKISHANPURI v. STATE OF U.P.

BAIL/27705/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27705 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Akhilesh Kumar Tiwari, learned counsel for the applicant and Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 324 of 2025, under Sections 137(2) of BNS, Police Station Sikandra, District Agra, 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. He has nothing to do with the said offence. 5. Learned counsel has next stated that the victim is a consenting party as is but evident from her statement recorded under section 183 BNSS whereby she has categorically denied of being subjected to any sexually assault by the applicant, as such it is a clear cut case of false implication. The age of the victim is 16 years as per her own statement. Although, by her physical appearance, she seems to be major. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 07.06.2025 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. Versus Counsel for Applicant(s) : Akhilesh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Ramkishan Alias Ramkishanpuri .....Applicant(s) State of U.P. .....Opposite Party(s) 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that the victim is a consenting party, 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- Ramkishan Alias Ramkishanpuri, 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 the 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 10, 2025 Sumit S BAIL No. 27705 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad