Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31049 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. List revised. None appears on behalf of the first informant. Heard Sri Mahendra Singh, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 477 of 2024, under Sections 376, 328, 506 of I.P.C., Police Station Chandausi, District Sambhal.
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 alleged incident took place on 01.01.2022 whereas the FIR was lodged on 27.10.2024 and no satisfactory explanation has been submitted for the delay in lodging the FIR. He further submits that the victim was medically examined and neither internal nor external injuries were found on the body of the victim. The victim is 29 years old unmarried lady and has passed M.A. He further submits that it is a matter of consensual relationship. He submits that no obscene photos and video of the victim has been made by the applicant and the victim is the consenting party. He submits that the victim is habitual of making such allegation and in one another case one Nitin Pachauri and four others were also implicated earlier by the victim and in that case the said Nitin Pachauri was acquitted of the charges levelled by her (present victim). He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. The applicant is languishing in jail since 30.06.2025. The applicant has criminal antecedent Versus Counsel for Applicant(s) : Mahendra Singh Counsel for Opposite Party(s) : Aftab Ahamad, Anubhav Pandey, G.A. Raj Kumar Maurya .....Applicant(s) State of U.P. .....Opposite Party(s)
of one case which has been explained in the affidavit filed in the bail application. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, prayer for bail is made. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Raj Kumar Maurya, 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. September 26, 2025 pks BAIL No. 31049 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad