Bantu Alias Raman Babu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Bantu Alias Raman Babu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Bantu Alias Raman Babu to be released on bail in Case Crime No. 80 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, sureties to be verified before the release order, subject to conditions: (i) not to tamper with evidence; (ii) personal presence before the Trial Court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 B.N.S.S.; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, Bantu alias Raman Babu, accused in Case Crime No. 80 of 2025 under Sections 69, 351(2), 316(2), 61(2) and 123 B.N.S. (allegations of a physical relationship on the false promise of marriage), is entitled to bail during the pendency of trial.

Court's answer

Considering the facts and circumstances, submissions of counsel, the evidence on record, the victim being a married lady, and the settled law of the Supreme Court in Pramod Suryabhan Pawar and Ansaar Mohammad, and without expressing any opinion on the merits, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the sureties to be verified before issuance of the release order.

Key takeaways

Bail is subject to conditions: (i) the applicant shall not tamper with evidence; and (ii) he shall remain present in person before the Trial Court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 B.N.S.S., deliberate absence without sufficient cause being liable to be treated as abuse of the liberty of bail.ratio¶11(ii)
Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶12
Observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Detailed headnote1 paragraphs

Bail allowed (Allahabad High Court, Justice Krishan Pahal, order dated 21.5.2025, neutral citation 2025:AHC:85773) in Criminal Misc. Bail Application No. 9011 of 2025 by Bantu alias Raman Babu, sought in Case Crime No. 80 of 2025, Police Station South, District Firozabad, under Sections 69, 351(2), 316(2), 61(2) and 123 B.N.S. during the pendency of trial. Prosecution alleged that the applicant established a corporeal relationship with the victim on the false promise of marriage and later refused to comply; defence contended that the victim being a married lady, marriage during the subsistence of her earlier marriage was impossible, and that a failed consensual physical relationship had been converted into a criminal case; criminal history of one case stood explained by supplementary affidavit and the applicant was in jail since 5.2.2025. Considering the record, the victim being a married lady, and the settled law of the Supreme Court in Pramod Suryabhan Pawar (2019 (9) SCC 608) and Ansaar Mohammad (2022 SCC OnLine SC 886), and noting the observation recorded in Prabhakar Tewari ((2020) 11 SCC 648) that pendency of criminal cases by itself cannot be a basis for refusal of bail, the Court, without expressing any opinion on the merits, held that the applicant had made out a case for bail: release on a personal bond with two sureties each in the like amount (sureties to be verified), subject to conditions of non-tampering with evidence and personal appearance before the Trial Court at the stages of opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 B.N.S.S.; breach of conditions to be a ground for cancellation of bail; observations not to affect the trial Judge's independent opinion.