Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29990 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Binod Kumar Tripathi, learned counsel for the applicant, Sri Suneel Kumar Yadav, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.14 of 2025, under Sections 87, 137(2), 351(2), 61(2) B.N.S., Sections 5/6 & 16/17 POCSO Act, Police Station- Rijor, District- Etah, 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. She has nothing to do with the said offence. The applicant is a lady and is physically incapable of committing the said offence.
5. Learned counsel for the applicant has further stated that the applicant is not named in the FIR and her name has come up subsequently in the statement of victim recorded U/s 183 B.N.S.S. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.6.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
6. Per contra, learned counsel for the informant and learned 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, taking into Versus Counsel for Applicant(s) : Binod Kumar Tripathi Counsel for Opposite Party(s) : G.A., Suneel Kumar Yadav Durvesh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
consideration the fact that applicant is not named in the FIR and her name has come up subsequently, 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- Durvesh, who is involved in aforementioned case crime be released on bail on her 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 16, 2025 Vikas Verma BAIL No. 29990 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad