Allahabad High Court
Amit vs State Of U.P. Thru. Secy. Home U.P. Lko. ... on 26 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:36491
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5704 of 2025
Applicant :- Amit
Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. And 3 Others
Counsel for Applicant :- Sanjai Srivastava,Anchit Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
It has been informed by counsel for the State that the notice has been served upon the complainant/opposite party no. 2, but neither the complainant nor his counsel is present before this Court.
In light of ratio of judgment rendered in the case of Junaid versus State of U.P. reported in (2021) SCC Online All 463,the notice is sufficient. Since the life and liberty of the applicant is on stake, this Court is proceeding in the matter.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 113 of 2025 under sections 137(2)M, 64(2) and 89 BNSS and 5(j)IIL/6 Pocso Act P.S.- Kursi District -Barabanki.
The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the statement of the victim under sections 180 and 183 of BNSS 2023 creates material doubt in the story of prosecution and as such, this matter would not lead to the punishment of the applicant. He added that in fact the age of the victim was more than 17 years and (+-) two years formula may be considered. He next submits that the chargesheet has been filed and there is no possibility that the trial would be concluded in the near future. Adding his arguments, he submits that the applicant has no previous criminal history as is mentioned in paragraph no. 6 of the affidavit filed in support of the bail application and he is languishing in jail since 13.04.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.
Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief.
Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that thethe statement of the victim under sections 180 and 183 of BNSS 2023 creates material doubt in the story of prosecution; theapplicant is languishing in jail since 13.04.2025; chargesheet has been filed, thus, there is no possibility of conclusion of trial in the near future coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings.
Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.
Let the applicant- Amitinvolved in the aforementioned 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, with the following conditions:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and
(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.
Order Date :- 26.6.2025
Mayank
