Chandan vs State of U.P. and 3 Others

Pursuant to the order dated 07.10.2025, learned A.G.A. has filed compliance affidavit annexing therewith the copy of the ossification test today in the Court, which is taken on record. According to ossification test, the age of the victim is about 17 to 18 years and since the victim had undergone for ossification test, therefore it is evident that informant of the case is well aware of pendency of the instant bail application before this Court.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The accused applicant is involved in Case Crime No.115 of 2025 under Sections 64(1), 137(2) of B.N.S., and Section 3/4 of POCSO Act, Police Station Padri, District MIrzapur.

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Learned counsel for the applicant has contended that the allegation against the applicant is that he enticed away the daughter of the informant aged about 17 years. Learned counsel for the applicant has drawn attention of this Court to the statement of the victim recorded under Section 183 of B.N.S.S., and argued that the victim has specifically stated that her paternal uncle often used to beat her, her mother and father and she was in talking her terms with the applicant since last three years as such she went away with to Poona and stayed for about 15-16 days. Learned counsel further argued that there is no whisper about commission of rape either in the statement of the victim recorded under Sections 180 or 183 B.N.S.S., and that the applicant has been falsely implicated in the present case due to ulterior motive. 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

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BAIL No. 33912 of 2025

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2

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the 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 23.04.2025.

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Learned AGA has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicants.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant Chandan be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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

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

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court.

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(Dr. Gautam Chowdhary,J.)

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October 30, 2025 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

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

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

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