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2025 DAILYLAW 93085 (ALL)

SHER ALI v. STATE OF U.P.

BAIL/30763/2025 · 2025-09-15

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. - 30763 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Chandra Bir Singh, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.771 of 2022, under Sections 363 and 366 I.P.C., Police Station-Lisadigate, District-Meerut, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The statement of the victim was recorded as P.W.2 during and she has stated that she had gone with the applicant out of her own sweet will, although she has subsequently stated that she could not understand her condition, as such, had gone with the applicant. The victim by her looks seems to be major although she was about 17 years old as per the FIR itself. The time of elopement of the victim is 02:00 AM on 30.12.2022 which indicates her consent. The victim has categorically stated that her house was locked from inside and she herself had opened the the door and had gone to meet with the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 01.01.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record 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. 7. Let the applicant-Sher Ali, 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. Versus Counsel for Applicant(s) : Chandra Bir Singh Counsel for Opposite Party(s) : G.A. Sher Ali .....Applicant(s) State of U.P. .....Opposite Party(s) 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 Karan BAIL No. 30763 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad