Asjad vs State of U.P. and 3 Others

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Neutral Citation No. - 2025:AHC:51883

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1731 of 2025

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Applicant :- Asjad Opposite Party :- State Of U.P. And 3 Others

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record.

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The present bail application has been moved on behalf of accusedapplicant seeking enlargement on bail in Case Crime No. 368 of 2024, under Sections 140(4) of the Bharatiya Nyaya Sanhita, 2023, Section 5(g), 5(m) and 6 of the POCSO Act, Police Station Kandhla, District Shamli.

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Learned counsel for the applicant argued that the accusedapplicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant has not committed any sexual assault with the victim. He submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. There is no independent witness of the alleged incident. He submits that the applicant had not abducted the victim for the purpose of any sexual assault. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. The Police has filed the charge sheet without obtaining any FSL Report. He submits that there is no credible evidence against the applicant. In the medical report, no external injury was seen on the body of the victim, however, after two days an abrasion mark seems to have appeared on the right gluteal region of the victim. He submits that the applicant is languishing in jail since 24.10.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.

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Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Asjad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 9.4.2025 pks

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Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad

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

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

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