Raman vs State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 21943 of 2025

Raman

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

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Court No. - 65

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Office vide its report dated 15.09.2025 has reported that notice issued to the informant has been served personally.

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List revised. None appears for the informant inspite of service of notice. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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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 the aunt ( mausi ) of the victim, wherein she has alleged that the applicant had enticed away the victim. Learned counsel further argued that by the efflux of time, trial began and during the trial, the statement of P.W.1-informant was recorded before the Court below and she has stated that her niece was not enticed away by the applicant as such she has been declared hostile by the trial Court, copy of which statement is annexed as Annexure-SA1 to the supplementary affidavit. Learned counsel for the applicant has drawn attention of this to the statement of the victim recorded under Section 164 Cr.P.C., and argued that though the victim is minor, but she stated that she has gone with the applicant out of her own free will and consent. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. He thus submits that no offence against the applicant is made out. 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

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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 16.06.2024 having no criminal history.

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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 adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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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.

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Let applicant Raman involved in Case Crime No.140 of 2024 under Sections 363, 366, 376 I.P.C., and Section 5/6 of POCSO Act, 2012 Police Station Kasna, District Gautambudh Nagar, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution witness.

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C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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

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E. 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 them from disclosing such facts to the Court or to any police

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officer or tamper with the evidence.

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