Pavan Kumar vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5933 of 2026

Pavan Kumar

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) :	Rabindra Bahadur Singh
Counsel for Opposite Party(s) :	G.A.

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Court No. - 65

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material brought on record.

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Learned counsel for the applicant submits that though in the F.I.R. as well as in her statements recorded under Sections 180 & 183 BNSS the victim has made allegation that one year prior the applicant had made her obscene video and by extending threats to make viral such video he used to commit her rape several times. She further alleged that earlier the applicant send her such video to her in-laws on account of which her husband had given divorce to her and he had also make viral such video. Learned counsel for the applicant further submits that false and frivolous allegation has been made against him. During the course of investigation no such video has been recovered and the applicant has not been implicated under the provisions of I. T. Act, thus, it appears that it is a case of false implication and the applicant has been implicated in the case due to malafide intention and ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. 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 the applicant is in jail since 17.12.2025, with no criminal history.

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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.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on

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BAIL No. 5933 of 2026

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2

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merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant-Pavan Kumar, be enlarged on bail in Case Crime No. 351 of 2025, under Sections 64(1), 351(2) of B.N.S., Police StationKirawali, District- Agra, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with 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 any 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 default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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(Dr. Gautam Chowdhary,J.)

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March 18, 2026 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Pavan Kumar v. State of U.P.

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Pavan Kumar v. State of U.P.

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