Vijay Kumar Pandey Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:72431

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4352 of 2025

Applicant :- Vijay Kumar Pandey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmaveer Singh,Saroj Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Saroj Kumar Dubey, learned counsel for the applicant and Shri Anil Kumar Singh, learned A.G.A. representing the State respondents.

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This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Vijay Kumar Pandey, seeking enlargement on bail in Case Crime No. 191 of 2024, under Section 75 (2), 115 (2) B.N.S. and Section 9M/10 of POCSO Act, Police Station-Jaitpura, District-Varanasi.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 14.09.2024. First Information Report has been lodged on 12.09.2024, with a delay of three days without any plausible explanation, for an incident occurred on 09.09.2024, against the applicant with the allegation that the applicant has misbehaved with the minor daughter of first informant. The victim in her statement under Section 180 B.N.S.S. has stated that the applicant undressed her and thereafter dressed her, whereas, in the statement under Section 183 B.N.S.S. has modified her statement. Learned counsel for the applicant submits that the real fact is that there is a dispute between the first informant and the applicant has led to the present false implication. In the present case charge sheet has been filed on 27.09.2024 and there is no necessity of any further custodial interrogation. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for.

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Learned learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Vijay Kumar Pandey , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 6.5.2025 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Vijay Kumar Pandey v. State of U.P. and 3 Others

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Vijay Kumar Pandey v. State of U.P. and 3 Others

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