Pawan Alias Vijay Vs State of U.P.

Neutral Citation No. - 2025:AHC:83153

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13686 of 2025

Applicant :- Pawan Alias Vijay Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi 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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Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

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Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 08 of 2025, under Sections 70(1), 74, 75(2), 351(2) of BNS Police Station Shamshabad, District Agra, during the pendency of trial.

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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 as alleged in the FIR. The FIR is delayed by about two months and six days and there is no explanation of the said delay caused.

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Learned counsel has also stated that even the application under section 173(4) BNS has been moved after a delay of about one month as it was moved on 07.12.2024 and the complaint under section 171(4) BNS has been made after a delay of about 15 days i.e. on 21.11.2024. There is no medical corroboration of the incident.The instant FIR is a counter blast to FIR No.254 of 2024 instituted by the applicant against brother-in-law (devar) of the victim. The victim is a married lady.

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There is no criminal history of the applicant. The applicant is languishing in jail since 23.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR coupled by the fact that there is no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Pawan Alias Vijay , 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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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 :- 19.5.2025 Sumit S

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(Justice Krishan Pahal)

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Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad

Pawan Alias Vijay v. State of U.P.

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