Nandi Prajapati Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Nandi Prajapati Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Nandi Prajapati to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions of not tampering with evidence, not pressurising/intimidating prosecution witnesses, and appearing before the trial court on dates fixed; sureties to be verified before release order is issued.

Issue for consideration

Whether the applicant, arraigned in Case Crime No. 44 of 2025 under Sections 64(1) and 333, BNS 2023, is entitled to be released on bail during the pendency of trial.

Court's answer

Taking into account the delay in institution of the FIR, absence of medical corroboration of the incident, and that the victim seems to be a consenting party, and without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Nandi Prajapati is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that he shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail.

Key takeaways

Observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶19

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed the bail application of Nandi Prajapati in Case Crime No. 44 of 2025, Police Station Balua, District Chandauli, arising under Sections 64(1) and 333, B.N.S., 2023, relating to an alleged rape committed on 13.02.2025 at about 6:30 p.m. Bail was granted taking into consideration the delay of about two days in institution of the FIR without explanation, the absence of medical corroboration of the incident, and the fact that the victim, aged 18 years, seems to be a consenting party, expressly without expressing any opinion on the merits. The applicant, in custody since 19.02.2025 and with no criminal history, was directed to be released on a personal bond with two sureties each in the like amount, subject to conditions of not tampering with evidence, not pressurising or intimidating prosecution witnesses, and appearing before the trial court; breach of conditions is a ground for cancellation of bail. The Court clarified that its observations shall not affect the trial Judge's independent opinion based on the testimony of witnesses.

Neutral Citation No. - 2025:AHC:86669

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17659 of 2025

Applicant :- Nandi Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Amitabh Singh,Devesh Pandey Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Devesh Pandey, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.44 of 2025, under Section 64(1), 333 B.N.S., 2023, Police Station Balua, District Chandauli, during the pendency of trial.

As per prosecution story, the applicant is stated to have committed rape with the victim by entering into her shop and putting down the shutter on 13.02.2025 at about 6:30 p.m.

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 two days and there is no explanation of the said delay caused. The victim is 18 years old, as such is major and seems to be a consenting party. There is no other witness to the incident as the place of occurrence is a market. It is a clear-cut case of false implication.

Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 19.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in

institution of the FIR and there being no medical corroboration of the incident and the fact that the victim seems to be a consenting party, 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 .

Let the applicant- Nandi Prajapati , 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.

(i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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

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

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.

Order Date :- 22.5.2025 (Ravi Kant)

(Justice Krishan Pahal)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad