Allowed

Vishal Paswan v. State of U.P.

Allahabad HC6 Nov 2025BAIL/38848/2025

Case brief

AI extract

What is this about?

Bail application for an applicant accused of molesting a woman and, per later police-station statements, rape. Court found a case for bail without expressing opinion on merits and released him on bond with standard conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two local sureties, subject to stated conditions.

Vishal Paswan vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 38848 of 2025

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Vishal Paswan

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	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: R.B. Singh, Ramesh Kumar Yadav
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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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 has contended that according to the F.I.R., allegations on 21.07.2025 at about 07:30 when the informant had gone to ease in the field, the applicant had molested her and when the informant along with her husband had gone to make complaint to the accused-applicant house, the other two named accused had abused and committed maarpeet with the informant and her husband. Learned counsel for the applicant has contended that the victim is a married lady of 30 years and that no offence has been committed by the applicant. He further submits that in the F.I.R. the victim has stated that on 21.07.2025 when she had gone to ease in the field, the applicant had molested whereas in her statement recorded under Sections 180 and 183 of B.N.S.S., she has added a incident of date 24 June and stated that the applicant entered into her house and committed rap, thereafter on 21.07.2025 when she had gone to ease in the field the applicant had caught her and tried to make physical relation with her but she managed to ran away. Learned counsel that the allegation of rape has been improvised by the victim when as a matter of fact no such offence has been committed by the applicant and that the applicant being pattidar 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

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BAIL No. 38848 of 2025

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Court. The circumstances which, according to 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 20.08.2025 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. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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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 Vishal Paswan involved in Case Crime No.252 of 2025 under Sections 64(1), 74, 115(2), 352, 351(3) of BNS, Police Station Ahirauli Bazar, District Kushi Nagar, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to 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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iv) 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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BAIL No. 38848 of 2025

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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(Dr. Gautam Chowdhary,J.)

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November 6, 2025

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S.Ali

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

Vishal Paswan v. State of U.P.

Case brief

What is this about?

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Vishal Paswan v. State of U.P.

Case brief

What is this about?

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