Sherajulddin v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30364 of 2025

Court No. - 65 (Sl. No.143 out of 262) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Santosh Kr. Singh Paliwal, learned counsel for the applicant, Sri Vipin Kumar Singh, learned counsel for the informant as well as Sri R.P. Singh, learned State Law Officer and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 246 of 2025, under Sections 64(2), 115(2), 352 BNS and 5(ढ़)/6 POCSO Act, Police Station Raunapar, District Azamgarh, during the pendency of trial.

¶4Learned 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 about five months and there is no explanation of the said delay caused. There is no medical corroboration of the incident as the victim has categorically denied her medical examination.

¶5Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since

5.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Santosh Kr. Singh Paliwal Counsel for Opposite Party(s) : G.A., Vipin Kumar Singh Sherajulddin .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)

¶7Considering 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, there being no medical corroboration of the incident 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.

¶8Let the applicant-Sherajulddin, 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.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It 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. 30364 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad