Raja Alias Raju v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33512 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Murtuza Ali, learned counsel for the applicant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 304 of 2025, under Sections 137(2), 87 B.N.S., Police Station-Naini, District-Prayagraj, 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. He has nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused.

¶5Learned counsel for the applicant has further stated the victim is a consenting party as is but evident from her statement recorded U/s 183 BNSS, whereby she has expressly stated that she went with the applicant to Delhi and married him in a temple. Learned counsel has stated that the victim by her looks seems to be major, although she is 16 years old as per the said statement.

¶6It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 25.8.2025 and he is ready to cooperate with trial. In case, the applicant Versus Counsel for Applicant(s) : Imran Ali, Murtuza Ali Counsel for Opposite Party(s) : G.A. Raja Alias Raju .....Applicant(s) State of U.P. .....Opposite Party(s) is released on bail, he will not misuse the liberty of bail.

¶7Per contra, learned A.G.A. has vehemently opposed the bail application.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of two days in institution of FIR and the statement of victim recorded U/s 183 BNSS, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Raja Alias Raju, 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 pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It 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. September 26, 2025 Vikas Verma BAIL No. 33512 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad