Vijay Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vijay Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Vijay released on bail in Case Crime No.86 of 2025 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 conditions to be a ground for cancellation of bail; sureties to be verified before release order is issued.

Issue for consideration

Whether the applicant Vijay, accused in Case Crime No.86 of 2025 under Sections 64, 333, 351(3) B.N.S., Police Station Gambhirpur, District Azamgarh, is entitled to bail during the pendency of trial.

Court's answer

In deciding the bail application, the Court took into consideration the delay in institution of the FIR and the absence of medical corroboration of the incident.

Ratio / Principle

Without expressing any opinion on the merits of the case, the Court held that the applicant had made out a case for bail and allowed the bail application.

Key takeaways

The applicant Vijay was directed 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, with sureties to be verified before release, subject to conditions (no tampering with evidence, no pressurising/intimidating prosecution witnesses, appearance before the trial court on dates fixed); breach of conditions to be a ground for cancellation of bail.ratio¶¶14
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

Bail — granted. Applicant Vijay sought bail in Case Crime No.86 of 2025 under Sections 64, 333, 351(3) B.N.S., Police Station Gambhirpur, District Azamgarh, for allegedly outraging the modesty of the victim on 01.04.2025 and threatening her at CMP-point. Allegations of outraging modesty in the FIR, reiterated in the victim's Section 180 B.N.S.S. statement, were upgraded to rape in her Section 183 B.N.S.S. statement after legal consultation; the FIR was delayed by about one day without explanation and there was no medical corroboration of the incident. The applicant had no criminal history and was in jail since 12.04.2025. Holding that these circumstances made out a case for bail, and expressly without expressing any opinion on merits, the Allahabad High Court (Krishan Pahal, J.) allowed the bail application, directing release on a personal bond with two sureties, subject to conditions against tampering with evidence, intimidating witnesses, and requiring attendance before the trial court; breach of conditions to be a ground for cancellation. Observations in the order were clarified not to affect the trial Judge's independent opinion.

Neutral Citation No. - 2025:AHC:89943

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18210 of 2025

Applicant :- Vijay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Moti Lal Chauhan Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Moti Lal Chauhan, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.86 of 2025, under Sections 64, 333, 351(3) B.N.S., Police Station Gambhirpur, District Azamgarh, during the pendency of trial.

As per prosecution story, the applicant is stated to have outraged the modesty of the victim on 01.04.2025 at about 11:00 p.m. and had pointed a CMP at her head and threatened her.

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 one day and there is no explanation of the said delay caused. The allegations of outraging the modesty were raised in the FIR and were reiterated in the statement of the victim recorded under Section 180 B.N.S.S., but subsequently the allegations have been raised to that of rape in her statement recorded under Section 183 B.N.S.S. that too after legal consultation.

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 12.04.2025 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 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- 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.

(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 :- 27.5.2025

(Ravi Kant)

(Justice Krishan Pahal)

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