Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32493 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Tarun Jha, learned counsel for the applicant as well as Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.109 of 2025, under Sections 137(2), 87 B.N.S., Police Station- Kadaura, District- Jalaun, 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 FIR itself is delayed by about seven days and there is no explanation of the said delay caused.
5. Learned counsel for the applicant has further stated that the victim is a consenting party as is but evident from her statement recorded U/s 183 BNSS, whereby she had travelled with the applicant by different modes of transportation to several places, but she had not raised any alarm whatsoever. The victim by her looks seems to be major, although she is 17 years and 10 months old as per the school certificate of Class-Xth.
6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 8.7.2025 and he is ready to cooperate with trial. In case, the applicant Versus Counsel for Applicant(s) : Tarun Jha Counsel for Opposite Party(s) : G.A., Saif Ali Khan Monu Alias Sushil .....Applicant(s) State of U.P. .....Opposite Party(s)
is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned State Law Officer has vehemently opposed the bail application.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the delay of seven days in institution of FIR and the statement of victim recorded U/s 183 BNSS, 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.
9. Let the applicant- Monu Alias Sushil, 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.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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 22, 2025 Vikas Verma BAIL No. 32493 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad