BAIL/30307/2025 of SONU Vs STATE OF U.P. AND 3 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30307 of 2025 Court No. - 65 (Sl. No.140 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 26.8.2025. 2. Heard Sri Utkarsh, learned Advocate holding brief for Sri  Aishwarya Pratap Singh, learned counsel for the applicant as well as Sri A.K. Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 86 of 2025, under Sections 137(2), 65(1) BNS and 3/4 POCSO Act, Police Station Ahmadgarh, District Bulandshahr, 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 victim is a consenting party as is evident from the fact that she had eloped with the applicant earlier on also and the applicant was granted bail in the said case. The victim had again gone with the applicant in the instant case. 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 7.6.2025 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 A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Aishwarya Pratap Singh Counsel for Opposite Party(s) : G.A. Sonu .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 fact that the victim had eloped with the applicant earlier on also as such, she seems to be consenting party 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- Sonu, 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 following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 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. April 2, 2026 Shalini BAIL No. 30307 of 2025 2 (Krishan Pahal,J.)