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2025 DAILYLAW 89993 (ALL)

RAKESH KUMAR v. STATE OF U.P. AND 3 OTHERS

BAIL/34713/2025 · 2025-10-08

Gautam Chowdhary

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34713 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Shri Dhyananjai Pratap, Advocate, has filed his vakalatnama on behalf of informant, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 3. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged in unknown regarding missing of the minor daughter of the informant. When the victim was recovered her statements under Section 180 & 183 B.N.S.S. were recorded wherein she has specifically stated that on the date of incident she used to talk with the applicant for the last one year, on the alleged date she left her house on her own wishes and reached Bhopal where applicant met and took her in his room, thereafter they solemnized marriage in a temple and now they are husband and wife. The victim had denied for her medical examination. It has also been stated that the victim is living happily in the house of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 02.07.2025, with no criminal history. 4. Shri Dhyananjai Pratap, learned counsel for the informant submits that since both the applicant and the victim have tied their nuptial knot with each, therefore, the informant has no objection of their marriage. Versus Counsel for Applicant(s) : Chandan Bhagat Counsel for Opposite Party(s) : G.A. Rakesh Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant-Rakesh Kumar, be enlarged on bail in Case Crime No. 232 of 2025, under Sections 137(2), 87, 65(1) of B.N.S. and Section 3/4(2) of Protection of Children From Sexual Offences Act, Police Station- Runapar, District- Azamgarh, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 9, 2025 Mustaqeem. BAIL No. 34713 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad