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2025 DAILYLAW 98513 (ALL)

SHADIK v. STATE OF U.P.

BAIL/32889/2025 · 2025-09-23

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32889 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Anand Ji Mishra, learned counsel for the applicant and Shri Ajay Kumar Singh, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Shadik, seeking enlargement on bail in Case Crime No. 93 of 2025, under Sections- 376, 420, 506 IPC & 67 IT Act, Police Station-Bahsuma, District-Meerut. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 29.07.2025. First Information Report has been lodged on 24.05.2025 for an offence occurred on 15.05.2023 without any plausible explanation for the delay, with the allegation that the applicant, who is brother in law of the victim, has continuously sexually assaulted the victim since the year 2013. It has been further stated that after the marriage of the victim, the applicant, several times sexually assaulted the victim by giving threat of making viral the obscene video clip. It has been further stated that the applicant has viraled the obscene video clip from his Instagram I.D. Learned counsel for the applicant submits that the victim in her statement under section 180 BNSS, in reply of a question put up by the Investigating Officer, has stated that she has lodged the present First Information report being aggrieved by not giving her share in the house. The victim in her statement under Section 183 BNSS, herself has stated, that before two to three years, when she denied from sexual relationship with the Versus Counsel for Applicant(s) : Anand Ji Mishra, Kaushal Kumar Pandey Counsel for Opposite Party(s) : G.A. Shadik .....Applicant(s) State of U.P. .....Opposite Party(s) applicant, the applicant has viraled the obscene Video clip and forcibly grabbed the house in question. Learned counsel for the applicant submits that the applicant has levelled the allegation of sexual assault since long but she has lodged the present First Information Report after so many years without any plausible explanation for the delay. Learned counsel for the applicant submits that the real fact is that there is a dispute between the applicant and victim with regard to the house in question due to which he has been falsely implicated in the present case. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned learned AGA has vehemently opposed the bail application but could not dispute the fact that applicant has no criminal antecedents. 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, Shadik, 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. BAIL No. 32889 of 2025 2 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 24, 2025 Deepak/ BAIL No. 32889 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad