Khesharilal vs State of U.P. and 3 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 19884 of 2025

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Khesharilal

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.....Applicant(s)

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Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s) :	Sandip Kumar Pandey
Counsel for Opposite Party(s) :	G.A.

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Court No. - 67

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HON'BLE KRISHAN PAHAL, J.

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List has been revised. As informed by learned A.G.A., notice to the informant has been served on 02.06.2025 but none is present on behalf of the informant even in the revised call.

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Heard Sri Sandeep Kumar Pandey, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 04 of 2025, under Sections 137(2), 87 of BNS and Section 3/4 of POCSO Act, Police Station Kayamganj, District Farrukhabad, during the pendency of trial.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence.

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Learned counsel has next stated that the victim seems to be a consenting party as is but evident from her statement recorded under section 183 BNSS whereby she herself has stated that she was in love with the applicant and had married him. She has categorically denied being subjected to any kind of force by the applicant. The victim by her looks seems to be major, although she is stated to be 16 years old as per her own statement.

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There is no criminal history of the applicant. The applicant is languishing in jail since 30.03.2025 and he is ready to cooperate with

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BAIL No. 19884 of 2025

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2

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trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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

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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 fact that the victim is a consenting party, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Khesharilal , 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.

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i) The applicant shall not tamper with the evidence during trial.

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ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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

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

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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.

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(Krishan Pahal,J.)

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September 25, 2025 Sumit S

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Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad

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

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

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