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Neutral Citation No. - 2025:AHC:38537 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2602 of 2025 Applicant :- Vinod Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants, Sri Azad Singh, learned AGA for the State-Respondent and perused the record. The present bail application under Section 483 of B.N.S. has been filed on behalf of applicants with a prayer to release him on bail in Case Crime No. 398 of 2024, under Sections 61(2), 352, 87, 123 of B.N.S., Police Station Sasni, District Hathras, during pendency of the trial.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. Nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. There is variation in the statement of the witness recorded under Section 180 and Section 183 of B.N.S., which belies the prosecution story. He submits that as per High School Certificate the victim is major and she has left home on her sweet will. The victim in her statement has said that nothing wrong has been done with her by the applicant. No specific role and motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 13.12.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid fact.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Vinod Kumar and Sandhya, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 18.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad