Allahabad High Court
RAM SEWAKversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that bail should be granted to the accused, subject to strict conditions, as the case did not demonstrate a sufficient risk of tampering or flight.
Summary
The High Court considered a bail application filed by Ram Sewak, accused in Crime No. 811 of 2025 under Sections 318(4), 338, 336(3) and 340(2) of the B.N.S. The applicant claimed innocence, alleging that the charges of sexual exploitation and falsifying certificates were false and motivated by malice, and asserted that no credible evidence or independent witnesses existed. The State opposed the bail but did not refute the applicant's factual contentions. The court examined the nature of the accusations, the severity of potential punishment, the lack of strong evidence, and the risk of witness tampering, concluding that a prima facie case existed but bail could be granted with safeguards. Consequently, the court ordered the release of the accused on bail subject to a personal bond, two sureties, and conditions prohibiting tampering, intimidation, further criminal activity, and mandating regular court appearances.
Issues considered
- Whether the accused is entitled to bail despite the serious nature of the charges under the B.N.S.
- Whether there is a risk of tampering with evidence or intimidation of witnesses that would justify denial of bail
Legislation cited
- B.N.S. — s. 318(4), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- sections 318, 336, 338, 340
- sexual exploitation allegations
- evidence assessment
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11623 of 2026
Ram Sewak
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Srivastav
Counsel for Opposite Party(s) : G.A., Gaurav Sisodia
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Vakalatnama filed today in Court by Sri Venu Gopal, Advocate, on behalf of
the first informant is taken on record.
Heard Sri A. K. Srivastava, learned counsel for the applicant, Sri Ramendra
Pal Singh, learned AGA for the State-Respondent, Sri Venu Gopal, learned
counsel for the informant and perused the record.
This bail application has been moved on behalf of accused-applicant seeking
enlargement on bail in Case Crime No. 811 of 2025, under Sections 318(4),
338, 336(3), 340(2) of the B.N.S., Police Station Faridpur, District Bareilly.
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 the allegation of
entangling various girls in love affair by the applicant is false. The applicant
is 40 years old and he has not committed such crime. He submits that there is
no evidence which reflects that the applicant made multiple certificates to
show his date of birth lower to entangle the girls. He submits that the
allegation of sexual exploitation of various girls are concocted and has been
leveled due to malafide intention. He submits that no credible evidence has
been found against the applicant by the Investigating Officer. He submits
that there is no independent witness of the alleged incident. He submits that
in the present case, charge-sheet has been filed on 15.12.2025 and
cognizance has also been taken by the court concerned on 01.01.2026 as
such the applicant is not required for any custodial interrogation. The
BAIL No. 11623 of 2026
2
applicant is languishing in jail since 07.10.2025. He submits that the
applicant has criminal antecedent of one case to his credit which has been
explained in the affidavit filed in support of the bail application. He submits
that there is no likelihood of his fleeing from course of justice or tampering
with evidence in case of release on bail. Hence, the bail has been prayed for.
Learned counsel for the AGA has vehemently opposed, but could not dispute
the aforesaid fact 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, Ram Sewak, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The 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.
May 6, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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