Amit Singh v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31052 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. List revised. None appears on behalf of the first informant. Heard Sri Saurabh Pathak, learned counsel for the applicant, Sri Ajay Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 288 of 2025, under Sections 137(2), 87, 64(1) of B.N.S. and Section 3/4(1) of POCSO Act, Police Station Ajeetmal, District Auraiya. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that as per allegation the applicant along with other co-accused enticed away the 17 years old sister of the informant. In the statement recorded under Section 180 of B.N.S.S., the victim has stated that she went with the applicant and and married with him on her own free will and in the statement recorded under Section 183 of B.N.S.S. she has reiterated her previous statement. He further submits that the victim was medically examined and no injuries were found on her body. He submits that it is a case of consensual relationship. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. The applicant is languishing in jail since

04.07.2025. The applicant has no criminal antecedent to his credit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, prayer for bail is made. Versus Counsel for Applicant(s) : Saurabh Pathak Counsel for Opposite Party(s) : G.A., Santosh Kumar Yadav Amit Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Amit Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

¶1The applicant will not tamper with the evidence.

¶2The applicant will not indulge in any criminal activity.

¶3The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

¶4The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 26, 2025 pks BAIL No. 31052 of 2025 (Ashutosh Srivastava,J.) High Court of Judicature at Allahabad