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2025 DAILYLAW 94409 (ALL)

SANDEEP KUMAR BIND v. STATE OF U.P.

BAIL/31126/2025 · 2025-10-05

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31126 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri S. S. Shukla, learned counsel for the applicant, Sri Ajay Singh, 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. 267 of 2025, under Sections 64, 333, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Phoolpur Ganganagar, District Prayagraj. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. He submits that there is allegation against the applicant that he committed rape with the informant/victim and also threatened her with dire consequences. He submits that to put pressure on the applicant in a civil dispute the informant has dragged the applicant in the present case. Learned counsel for the applicant further submits that the victim is a married lady and she is 28 years old and no sexual harassment has been made by the applicant. He submits that nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. He submits that there is variation in the statement of the witness, which belies the prosecution story. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. The medical examination of the victim was conducted after 57 days of the alleged incident and in the medical report, no injury has been shown upon the victim. The applicant is languishing in jail since18.07.2025. The applicant has no criminal antecedent and there is no Versus Counsel for Applicant(s) : Ashok Kumar Tiwari, Krishna Kumar, Shyam Shankar Shukla Counsel for Opposite Party(s) : G.A. Sandeep Kumar Bind .....Applicant(s) State of U.P. .....Opposite Party(s) likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. 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, Sandeep Kumar Bind, 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. October 6, 2025 pks BAIL No. 31126 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad