Rakesh Kumar Ram vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40858 of 2025

Rakesh Kumar Ram

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Vidya Prakash 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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Sri Girrjesh Kumar Gupta, learned counsel has put in appearance on behalf of the first informant.

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

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Learned counsel for the applicant has contended that the first informant is the wife of the applicant. He further submits that the incident is alleged to have taken place on 03.07.2025, whereas the F.I.R., has been lodged on 03.09.2025 without there being any plausible explanation of such an inordinate delay. Learned counsel further argued that the informant/victim had field a complaint before the Superintendent of Police, District Hapur wherein she has admitted that the marriage between the victim and the applicant had taken place on 26.02.2024, copy of which application is at page no. 34 of the paper book. Learned counsel further argued that the applicant has also field a petition under Section 13 of Hindu of Marriage Act before the Principal Judge, Family Court, Hapur, which is pending consideration. It is thus cont ended that the marriage is admitted by both the sides, therefore ingredients of Section 69 of B.N.S., Act is not attracted in the present case and that out of matrimonial discord between the spouse, the instant prosecution has been launched by the victim only to exert pressure upon the applicant and his entire family members. 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 counsel, led to the false implication of the accused have also been mentioned. It has also been

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BAIL No. 40858 of 2025

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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 05.09.2025.

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Per contra, learned A.G.A. as well as learned counsel for the informant have 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 Rakesh Kumar Ram involved in Case Crime No.501 of 2025 under Sections 69, 115(2), 351(3), 89, 319(2) B.N.S., Police Station Pilkhuawa, District Hapur, be released on bail on furnishing a personal bond and two local heavy 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. 40858 of 2025

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