Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28473 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Ram Jatan Yadav, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 101 of 2025, under Sections 87, 137(2) B.N.S., Police Station- Kheragarh, 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. The victim is a consenting party rather she has refused to live with her family members. The victim has not raised any allegations of rape against the applicant in her statement recorded U/s 183 B.N.S.S.
5. Learned counsel for the applicant has further stated the victim by her looks seems to be major, although she is stated to be 17 years old as per her own statement. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail Versus Counsel for Applicant(s) : Ram Jatan Yadav Counsel for Opposite Party(s) : G.A. Ayan .....Applicant(s) State of U.P. .....Opposite Party(s)
application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded U/s 183 B.N.S.S., 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. 8. Let the applicant- Ayan, 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 pressurize/intimidate 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 10, 2025 Vikas Verma BAIL No. 28473 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad