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2025 DAILYLAW 99269 (ALL)

ROSHAN SHAH v. STATE OF U.P.

BAIL/32670/2025 · 2025-10-05

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32670 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Satendra Bahadur Yati, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 183 of 2025, under Sections 64(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Duddhi, District Sonbhadra. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant has not made any physical relation with the victim. He further submits that no video footage of the victim was made by the applicant. He further submits that nothing incriminating material has been recovered from the possession of the applicant. He submits that the allegations as levelled in the FIR are not corroborated by any evidence. He submits that it is a case of consensual relationship. He submits that from the statement of the husband of the victim it is clearly reflected that the victim is habitual of making illicit physical relation with others, There is no independent witness of the alleged incident. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. In the medical report, neither internal nor external injury has been found on the body of the victim. The applicant is languishing in jail since 30.06.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from Versus Counsel for Applicant(s) : Satendra Bahadur Yati, Utsav Singh Counsel for Opposite Party(s) : G.A. Roshan Shah .....Applicant(s) State of U.P. .....Opposite Party(s) course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Roshan Shah, 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 6, 2025 pks BAIL No. 32670 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad