Rajendra vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Rajendra vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release on bail of accused-applicant Rajendra on executing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions: (1) not to tamper with evidence; (2) not to indulge in criminal activity; (3) not to pressurize/intimidate prosecution witnesses and to co-operate in the trial; (4) to appear regularly on each and every date fixed by the trial court unless personal appearance is exempted through counsel; breach of any condition permits the court below to proceed to cancel bail.

Issue for consideration

Whether accused-applicant Rajendra, involved in Case Crime No. 545 of 2024 under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023 (P.S. Pilkhuwa, District Hapur), should be enlarged on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

After considering the facts and circumstances, nature of accusations, severity of punishment, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, the court found a case for bail made out, expressly without commenting on the merit of the case.

Ratio / Principle

The bail application was allowed.

Key takeaways

The accused-applicant Rajendra is to be released on bail on executing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to the stated conditions; breach of any condition entitles the court below to cancel his bail.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 68), Ashutosh Srivastava, J. — Criminal Misc. Bail Application No. 703 of 2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allowed (order dated 18.3.2025). Applicant Rajendra, accused in Case Crime No. 545 of 2024 under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023 (Police Station Pilkhuwa, District Hapur), in jail since 28.10.2024, released on bail on a personal bond and two reliable sureties each in the like amount. Counsel argued innocence, that the victim's statements recorded under Sections 180 and 183 B.N.S.S. show she accompanied the applicant of her own free will with no allegation of sexual assault or harm, that she refused internal medical examination, and that the applicant has no criminal antecedents; the learned AGA opposed the prayer. Bail granted without commenting on merits, subject to conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses, regular appearance before the trial court); breach permits cancellation by the court below.

Neutral Citation No. - 2025:AHC:38255

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 703 of 2025

Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh,Saksham Sharma,Vishnu Kant Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Amit Kumar Singh, learned counsel for the applicant, Sri Amrit Lal Chaurasiya, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Rajendra, seeking enlargement on bail in Case Crime No. 545 of 2024, under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Pilkhuwa, District- Hapur.

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 28.10.2024. Learned counsel for the applicant submits that as per the statement of the victim recorded under Section 180 and 183 B.N.S.S., it is evident that the victim out of her own free will had accompanied the applicant and no allegation of sexual assault or harm has been levelled against the applicant. The victim refused for her internal medical examination. He 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.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above 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.

Accordingly, the bail application is allowed .

Let the accused-applicant, Rajendra , 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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.

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

Order Date :- 18.3.2025 Anjali

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad