Anil Kumar @ Bajrangi vs State Of U.P. Thru. Prin. Secy. Home ... on 23 September, 2025

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Allahabad High Court

Anil Kumar @ Bajrangi vs State Of U.P. Thru. Prin. Secy. Home ... on 23 September, 2025

Bench: Karunesh Singh Pawar





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:58799
 
  
 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW  
 
CRIMINAL MISC. BAIL APPLICATION No. - 9138 of 2025    
 
   Anil Kumar @ Bajrangi    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko.    
 
  .....Opposite Party(s)        
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Dinesh Chandra Tewari   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
      
 
 Court No. - 12
 
    
 
 HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

The accused-applicant seeks bail in Case Crime No.523 of 2025 under Section 64(2)(m), 61(2), 115(2), 351(3), 352, 324(4) BNS read with Section 120B, 108A, 115(2), 352, 355, 324 IPC, Police Station Kotwali Nagar, District Gonda.

Learned counsel for the applicant submits that he has been falsely implicated in the present case. The victim is a major, aged about 20 years. The FIR has been lodged after a delay of several months. The date of the incident has been changed in the prosecution case on several occasions, which is evident from the statement of the victim under Section 180 BNSS. The written report was drafted by a Advocate. It is further submitted that the statements of the victim under Sections 180 and 183 BNSS suffer from inconsistencies. There is also lack of corroborative material such as medico-legal examination report of the victim. The applicant is innocent. He has no criminal antecedents. Charge-sheet in the matter has already been filed. The applicant is in jail since 07.07.2025.

It is also submitted that there is no possibility of the applicant fleeing from justice or tampering with the prosecution witnesses. In case he is enlarged on bail, he shall not misuse the liberty of bail.

Learned A.G.A. has opposed the bail prayer of the applicant but has not been able to dispute the factual submissions made on behalf of the applicant.

I have considered the arguments advanced by learned counsel for the parties and perused the record.

On due consideration of the inconsistent statements of the victim under Sections 180 and 183 BNSS, as also the facts that the applicant is in jail since 07.07.2025, the applicant has no criminal antecedents, the charge-sheet has been filed in the matter, and there is lack of corroborative material, without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail.

Accordingly, the bail application is allowed.

Let the applicant Anil Kumar @ Bajrangi be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions:

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS).

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS).

(Karunesh Singh Pawar,J.) September 23, 2025 Madhu D.R/P.S

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