Raju Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:130967

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13113 of 2025

Applicant :- Raju Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajendra Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Counter affidavit filed today is taken on record.

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Learned State Law Officer has informed that notice to the informant has been served on 15.04.2025.

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Heard Sri Brajesh Kumar Singh, Advocate holding brief of Sri Rajendra Singh Yadav, learned counsel for the applicant, Ms. Ifra Islam, learned State Law Officer for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 142 of 2024, under Sections 137(2), 49, 123, 305, 96, 61(2), 351(2) B.N.S. and 5/6 of POCSO Act, Police Station- Kayamganj, District- Farrukhabad, during the pendency of trial.

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As per prosecution story, the applicant along with other coaccused persons is stated to have enticed away the sister of the informant on 02.07.2024. The victim is also stated to have taken away with her Rs. 8,000/- and certain golden ornaments.

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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 is delayed by about 11 days and there is no explanation of the said delay caused.

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Learned counsel for the applicant has further stated that the victim seems to be a consenting party as is but evident from the fact that she has taken away Rs. 8,000/- cash and certain ornaments along with her. The main accused person seems to be Wasim although there are different allegations on other co-accused

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persons

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It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. The age of the victim is stated to be 17 years old as per her medical report but by her looks she seems to be major. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned State Law Officer has vehemently opposed the bail application.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the delay in institution of FIR coupled with the fact that there is no medical corroboration of the alleged incident 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 .

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Let the applicant- Raju , 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.

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(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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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.

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Order Date :- 4.8.2025 Karan

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(Justice Krishan Pahal)

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Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad

Raju v. State of U.P. and 3 Others

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