Amit Kumar Vs State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29776 of 2025

Amit Kumar .....Applicant(s) Versus State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Abhinab Mishra, Anupam Tripathi, Ravi Shankar Tripathi, Vivek Kumar Dwivedi Counsel for Opposite Party(s) :

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Court No. - 65

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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The victim is present before this Court, along with child and mother. The victim is identified by Sri Ravi Shanker Tripathi, learned counsel for the applicant.

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The victim has stated before this Court that she had solemnised marriage with the applicant and out of said conjugation, one child has also born. She has further stated that she is living peacefully and happily at her matrimonial house. She has also stated that the informant, who is her step father had lodged the F.I.R. only to cause harm and harassment to the applicant and his family. The statement of the victim has been recorded separately on a plain paper and is kept on record.

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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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Learned counsel for the applicant submits that the since the victim has solemnised marriage and is living at matrimonial house along with a child, therefore no offence has been committed by the applicant as such the applicant is entitled for bail. 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 21.06.2025.

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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

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BAIL No. 29776 of 2025

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2

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he 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 Amit Kumar involved in Case Crime No.62 of 2025 under Sections 87, 65(1), 115(2), 352 of B.N.S. and Section 5J(2)/6 of POCSO Act and Section 9 of Child Marriage Restrain Act, Police Station Ughaiti, District Budaun, 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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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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The bail application is allowed.

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(Dr. Gautam Chowdhary,J.)

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March 18, 2026

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S.Ali

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

Amit Kumar v. State of U.P. and 3 Others

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Amit Kumar v. State of U.P. and 3 Others

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