BAIL/13063/2026 of LALMAN PRASAD Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13063 of 2026 Court No. - 65 (Sl. No. 75 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Compliance affidavit filed by learned A.G.A. is taken on record.  2. Heard Sri Rayoof Ali, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 23 of 2026, under Sections 333, 351(3), 64(1) BNS, Police Station Dharmshinghwa, District Sant Kabir Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by two months and there is no explanation of the said delay caused. The victim is major obviously, as she is a married lady and she had gone with the applicant and co-accused person alongwith her sister-in-law (nand). There is no allegation that applicant made viral the indecent photograph of any of the victim, whatsoever. The said allegations of making viral the said photographs are against co-accused person Rohit only.  5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 7.3.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application Versus Counsel for Applicant(s) : Rayoof Ali Counsel for Opposite Party(s) : G.A. Lalman Prasad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) but could not dispute the submissions made by the counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in FIR and there being no allegation against the applicant of having made viral the indecent photograph of the victim and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant-  Lalman Prasad, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. May 6, 2026 Shalini BAIL No. 13063 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad