Azad Ahmad Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Azad Ahmad Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Azad Ahmad to be released on bail in Case Crime No. 252 of 2024 (P.S. Baghrai, District Pratapgarh) on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, subject to conditions (i)-(vi) set out in the order.

Issue for consideration

Whether the accused-applicant, Azad Ahmad, is entitled to be enlarged on bail in Case Crime No. 252 of 2024, under Sections 115(2), 352, 351(3), 333, 74, 64 of BNS, P.S. Baghrai, District Pratapgarh. +1 more

Court's answer

On due consideration of the submissions advanced, perusal of the record, the fact that the applicant is languishing in jail since 17.08.2024, that the applicant has explained the criminal history in paragraph 4 of the supplementary affidavit, and that medical has been refused by the victim, and without expressing any opinion on merits of the case, the court found it to be a fit case for enlarging the applicant on bail.

Ratio / Principle

The applicant Azad Ahmad is to be released on bail in the aforesaid case crime number subject to furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned, and subject to conditions including: non-tampering with evidence; non-intimidation/pressurising of prosecution witnesses; no inducement, threat or promise to dissuade disclosure; an undertaking not to seek adjournments when witnesses are present (default treatable as abuse of bail liberty); presence before the trial court on each fixed date, failing which proceedings may lie under Section 229-A of the Indian Panel Code (now Section 269 of BNS); and upon misuse of bail liberty and failure to appear despite proclamation under Section 82 Cr.P.C. (now Section 84 BNSS), initiation of proceedings under Section 174-A of the Indian Panel Code (now Section 209 BNS).

Detailed headnote1 paragraphs

Bail granted. High Court of Judicature at Allahabad (Lucknow Bench), Court No. 12; Criminal Misc. Bail Application No. - 11411 of 2024; Hon'ble Karunesh Singh Pawar, J.; decided September 12, 2025. Accused-applicant Azad Ahmad sought bail in Case Crime No. 252 of 2024 under Sections 115(2), 352, 351(3), 333, 74 and 64 of BNS, P.S. Baghrai, District Pratapgarh; charge-sheet filed (per learned A.G.A.). Counsel for the applicant urged false implication, improvement in the prosecution case at every stage, an allegation of rape made for the first time in the victim's statement under Section 183 BNSS (no such allegation in the F.I.R. or the statement under Section 180 BNSS), refusal of internal medical examination by the victim, a civil suit pending between the victim and the applicant before the Civil Judge, Junior Division, Kunda, Pratapgarh, and criminal history explained in paragraph 4 of the supplementary affidavit; applicant in jail since 17.08.2024. Holding: without expressing any opinion on merits, a fit case for enlarging the applicant on bail; release ordered on a personal bond and two reliable sureties each in the like amount, subject to conditions (i)-(vi), including consequences under Section 229-A of the Indian Panel Code (now Section 269 of BNS), Section 82 Cr.P.C. (now Section 84 BNSS) and Section 174-A of the Indian Panel Code (now Section 209 BNS).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 11411 of 2024

Azad Ahmad

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Kalika Prasad Pandey, Ashutosh Singh Counsel for Opposite Party(s) : G.A., Avikshit Mishra

Court No. - 12

HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed by accused-applicant seeking bail in Case Crime No.252 of 2024, under Sections 115(2), 352, 351(3), 333, 74, 64 of BNS, P.S. Baghrai, District Pratapgarh.

Learned counsel for the applicant submits that applicant has falsely been implicated in this case. The victim is 35 years old. In the prosecution case improvement has been made at every stage. He submits that there is a civil suit pending between the victim as well as applicant before the court of Civil Judge, Junior Division, Kunda, Pratapgarh. It is submitted that no allegation of rape has been made by the victim in the F.I.R. or in the statement under Section 180 BNSS however, while making improvement for the first time allegation of rape has been made by the victim in the statement under Section 183 BNSS. Internal medical examination has been refused by the victim. Applicant has explained the criminal history in paragraph 4 of the supplementary affidavit. He submits that the applicant is in jail since 17.08.2024.

Learned A.G.A. has opposed the bail prayer and has submitted that charge-sheet has been filed in this case.

On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 17.08.2024, applicant has explained the criminal history in paragraph 4 of the supplementary affidavit, medical has been refused by the victim and without

BAIL No. 11411 of 2024

2

expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed .

Let the applicant Azad Ahmad be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant 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 Panel Code (now Section 269 of BNS).

(vi) 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. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS).

September 12, 2025 Saurabh Yadav/-

(Karunesh Singh Pawar,J.)

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench