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2025 DAILYLAW 99173 (ALL)

SHANI v. STATE OF U.P.

BAIL/32620/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32620 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anshuman Singh, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 0156 of 2025, under Sections 87, 137(2) of BNS, Police Station Holagarh, District Prayagraj, 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. 5. Learned counsel has next stated that the victim is a consenting party as is but evident from her statements recorded under section 180 and 183 BNSS. The victim by her physical appearance seems to be major. She has refused has medical examination but she is stated to be 14 years old. It is a clear cut case of false implication. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 08.08.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Adwitiya Prakash Tiwari, Ankaj Kumar, Anshuman Singh Counsel for Opposite Party(s) : G.A. Shani .....Applicant(s) State of U.P. .....Opposite Party(s) 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, 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- Shani, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with 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 23, 2025 Sumit S BAIL No. 32620 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad