Ganga @ Ajhar Vs State of U.P. and 3 Others

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. BAIL APPLICATION No. - 14846 of 2025

¶3

Ganga @ Ajhar

¶4

.....Applicant(s)

¶5

	Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Piyush Patel, Pradeep Kumar
Counsel for Opposite Party(s)	: G.A.

¶6

Court No. - 65

¶7

HON'BLE DR. GAUTAM CHOWDHARY, J.

¶8

As per office report, notice issued to the opposite party no.4 has been served upon the opposite opposite party no.4 but no one has put in appearance on behalf of the informant/opposite party no.4.

¶9

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

¶10

It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further argued that according to the ossification test, the victim is major. He further submits that perusal of the statement of the victim recorded under Sections 161 and and 164 Cr.P.C. go to shows that the victim is a consenting party and therefore the applicant is entitled for bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 21.12.2023 having no criminal history.

¶11

Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be

¶12

BAIL No. 14846 of 2025

¶13

2

¶14

adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶15

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶16

Let applicant Ganga @ Ajhar involved in Case Crime No.535 of 2023 under Sections 363, 366, 376, 504, 506 I.P.C., and SEction 3/4 of POCSO Act, Police Station Kothibar, District Maharajganj, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following condi tions:-

¶17

i) The applicant shall not tamper with the prosecution evidence.

¶18

ii) The applicant shall not threaten or harass the prosecution witnesses.

¶19

iii) The applicant shall appear on the date fixed by the trial court.

¶20

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

¶21

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶22

In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

¶23

(Dr. Gautam Chowdhary,J.)

¶24

October 7, 2025 S.Ali

¶25

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Ganga @ Ajhar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ganga @ Ajhar 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases