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2025 DAILYLAW 96498 (ALL)

GOLU URF SACHIN v. STATE OF U.P.

BAIL/31995/2025 · 2025-09-17

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31995 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned State Law Officer has informed that notice to the informant has been served on 11.9.2025. 2. Heard Sri Raman Pandey, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 185 of 2025, under Sections 137(2), 87 B.N.S., Police Station- Belhar Kala, District- Sant Kabir Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. She has not allayed any allegations of sexual assault against the applicant rather she has expressed her willingness to marry the applicant. 5. It is further argued by learned counsel for the applicant that the victim by her looks seems to be major, although she told her age to be 17 years in her statement recorded U/s 183 B.N.S.S. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 25.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Raman Pandey Counsel for Opposite Party(s) : G.A. Golu Urf Sachin .....Applicant(s) State of U.P. .....Opposite Party(s) consideration the age of the victim and her statement recorded U/s 183 B.N.S.S., and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Golu Urf Sachin, 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. 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 18, 2025 Vikas Verma BAIL No. 31995 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad