Rishikesh Verma Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:53484

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1393 of 2025 Applicant :- Rishikesh Verma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raghawendra Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Krishan Pahal,J.

¶5

List has been revised.

¶6

Compliance affidavit filed by learned A.G.A. is taken on record. He has informed that notice to the informant has been served on 6.1.2025.

¶7

Heard Sri Raghawendra Kumar Singh, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

¶8

Applicant seeks bail in Case Crime No.249 of 2024, under Sections 137(2), 64 B.N.S. and 5L/6 POCSO Act, Police StationSukhpura, District- Ballia, during the pendency of trial.

¶9

As per prosecution story, the applicant is stated to have befriended the victim on Instagram and had enticed her away on 26.7.2024 at about 06:00 a.m.

¶10

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about seven days and there is no explanation of the said delay caused. The victim had remained with the applicant for a substantial period of time. She has categorically stated that applicant had seated her in a train and sent back to her house after 15-20 days. Learned counsel has stated that the victim has not raised any alarm during her journey to and fro to the place of resident of the applicant.

¶11

Learned counsel for the applicant has further stated that there is no medical corroboration of the incident. It is learnt that victim had gone with some other boy subsequent to her recovery in the instant case. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.9.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶12

Per contra, learned A.G.A. has vehemently opposed the bail application, but could not dispute that victim had eloped with some other boy as is but evident from the report sent by the police.

¶13

In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

¶14

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 settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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 .

¶15

Let the applicant- Rishikesh Verma , 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.

¶16

(i) The applicant shall not tamper with evidence.

¶17

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶18

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

¶19

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.

¶20

Order Date :- 11.4.2025/ Vikas

¶21

(Justice Krishan Pahal)

¶22

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Rishikesh Verma v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Rishikesh Verma v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases