Premnath Pal @ Kalahu vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 5132 of 2025

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Premnath Pal @ Kalahu

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Surya Prakash Tiwari, Dr. Pooja Singh Counsel for Opposite Party(s) : G.A., Ravi Shankar Mishra

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Court No. - 13

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HON'BLE SAURABH LAVANIA, J.

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Case called out. No one appeared on behalf of opposite party no.2 though the name of Sri Ravi Shankar Mishra learned Advocate is printed in the cause list as counsel for the side opposite. Bench Secretary of this Court has informed that Sri Mishra has sent out station slip to get the case adjourned. However, learned Counsel for the applicant and Sri Ajay Srivastava, learned A.G.A. appearing for the State, are present. On being asked, learned A.G.A. states that he has received instructions and he is ready to argue the case on merits.

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Taking note of aforesaid as also the earlier order of this Court , wherein this Court has observed that "It is made clear that on the next dates of listing, the case would not be adjourned on account of non-appearance of the side opposite and appropriate orders would be passed in the first call". In this view of the matter this Court proceeded to decide the instant bail revision.

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Heard Dr. Pooja Singh, learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in FIR/Case Crime No. 14 of 2025, under Sections 65(2), 351(2) BNS and 5m, 6 of POCSO Act, Police Station-Kotwali Nagar, District-Pratapgarh.

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It is stated that story of the prosecution is complete false and concocted and the applicant has been falsely implicated in the present case.

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It is stated that applicant aged about 65 years, has been implicated by the opposite party no.2/informant by making allegations to attract the offence under Section(s) 65(2), 351(2) BNS and 5m, 6 of POCSO Act.

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In continuation it is stated that according to FIR the applicant established physical relations forcefully with the grand daughter of the informant aged about 10 years, who is also relative of the present applicant as applicant and informant are real cousins. In this regard reference has been made to paragraph no.5 of the affidavit filed in support of the present application as also paragraph no.6 to the rejoinder affidavit.

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It is also stated that applicant has been implicated by his cousin on

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BAIL No. 5132 of 2025

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2

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account of property dispute, which can be inferred from the fact that Ramdas based upon the 'Will' instituted a proceeding under Section 34 of U.P. Revenue Code, 2006 (in short 'Code of 2006'), in which the applicant is opposing his claim based upon the 'Will' executed by Mata Bheekh s/o Ram Avtar, who is grand father of the applicant and informant both.

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It is further stated that to create pressure with regard to property dispute, the FIR was lodged in connection to which, the applicant aged about 65 years, having no criminal history, is in jail since 10.02.2025.

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It is further stated that the fact that the applicant has been falsely implicated in the present case, can also be inferred from the fact that victim was medically examined twice, for the first time the victim was medically examined on 07.01.2025, though according to FIR the crime was committed by the applicant on 23.12.2024 and Doctor concerned found no external injury over the body of the victim and thereafter for the second victim was medically examined on 13.02.2025, after the delay of about one and a half months and upon due examination the Doctor opined that hymen is not intact, which could be for various reasons, but this delay itself fatal to the story of prosecution.

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At this stage, on being asked, learned A.G.A. based upon the instructions received says that Doctor has not opined that it is a case of sexual violence.

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It is lastly stated that considering the facts of the case as indicated, including the age of the present applicant i.e. about 65 years, relationship of the applicant and informant, period of incarceration as also the fact that all the main witnesses of the fact has already been examined, in this view of the matter it is not possible for the applicant to tamper the same or influence the witnesses of the prosecution.

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Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accusedapplicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including which are related to allegations made in the FIR and medical report of victim and keeping in mind the period of incarceration as also the chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let the applicant- Premnath Pal alias Kalahu be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties, out of which one shall be the family member of the accused-applicant, each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall cooperate with the prosecution during trial.

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(ii) The applicant shall not tamper with the evidence during trial.

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(iii) The applicant shall not pressurize/intimidate the prosecution witness(s).

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(iv) The applicant shall not commit an offence.

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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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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BAIL No. 5132 of 2025

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3

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

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As this order relates to enlargement of the applicant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.

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Application is disposed of.

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February 18, 2026 Jyoti/-

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(Saurabh Lavania,J.)

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Premnath Pal @ Kalahu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

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Premnath Pal @ Kalahu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

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