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2025 DAILYLAW 96010 (ALL)

PRADUM BIND v. STATE OF U.P.

BAIL/31873/2025 · 2025-09-16

Samit Gopal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31873 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Amarnath Tripathi, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Pradum Bind, seeking enlargement on bail during trial in connection with Case Crime No. 256 of 2025, under Sections 69, 115(2), 352 B.N.S., Police Station Alinagar, District Chandauli. 4. The first information report of the present matter was lodged on 29.06.2025 by the victim against the applicant alleging therein that the applicant somehow got her phone number around 04 years back. Since then he used to call her, trouble her and stated of marrying her. She refused marrying him on which threatened to commit suicide and then she got entangled in his talks and started doing as per his wish. Since the last 04 years on a false promise to marry he established physical relationship with her. On 23.06.2025 at about 09.00 pm he called her on which she refused and then he threatened her of making her video viral and thus being terrified she went to meet him where he established physical relationship with her. When she asked him to marry he refused it and assaulted her. A report be lodged and action be taken. Versus Counsel for Applicant(s) : Amarnath Tripathi, Vishalakshi Tripathi Counsel for Opposite Party(s): G.A. Pradum Bind .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that relationship between the applicant and the victim was since the last 04 years on some discussion of marriage which could not materialize. It is submitted that the victim as per medical examination is aged about 20 years. While placing paragraph 10 of the supplementary affidavit dated 09.09.2025 it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 29 of the affidavit and is in jail since 03.07.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant and the victim were having relationship since the last 04 years on some discussion of marriage. Subsequently the factum of marriage could not materialize and the present first information has been lodged. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Pradum Bind, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it BAIL No. 31873 of 2025 2 shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application (s), if any, shall stand disposed of. September 17, 2025 AS Rathore BAIL No. 31873 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad