Allahabad High Court
KRISHNA ALIAS PRADUMMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court held that bail should be granted to the applicant.
Summary
The High Court of Allahabad considered bail application No. 35381 of 2025 filed by Krishna alias Pradumm, who is accused in Crime No. 324 of 2025 under sections 137(2), 87, 65(1) of the B.N.S. and sections 3 and 4 of the POCSO Act. The applicant claimed he was falsely implicated, relying on statements of PW 1 and PW 2 that do not support the prosecution, and asserted his willingness to cooperate and obey any conditions. The State opposed bail, arguing that the applicant’s innocence could not be determined at this stage. After weighing the facts, the nature of the evidence and the applicant’s detention since 29 August 2025, the Court found that the applicant had made out a case for bail. Accordingly, bail was granted on a personal bond, two heavy sureties and conditions prohibiting tampering with evidence, intimidation of witnesses, and commission of similar offences, with power to cancel bail on breach.
Issues considered
- Whether bail should be granted to the accused pending trial under the cited provisions of the B.N.S. and POCSO Acts.
- Whether the applicant’s claim of false implication and the lack of corroborative prosecution evidence justify the grant of bail.
Legislation cited
- B.N.S. — s. 137(2), 65(1), 87
- POCSO — s. 3, 4
Subjects
- bail
- criminal procedure
- POCSO Act
- evidence tampering
- witness intimidation
- presumption of innocence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35381 of 2025
Krishna Alias Pradumm
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Pramod Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.
2. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the present case.
Learned counsel further submits that by the efflux of time, trial began and
during the trial, the statement of P.W.1, P.W. 2-victim were recorded and
they have not supported the prosecution version, copy of their statements
are annexed as Annexure-SA1 to the supplementary affidavit, which has
been filed today in the Court and is taken on record. He thus submits that
no offence against the applicant is made out. Several other submissions in
order to demonstrate the falsity of the allegations made against the
applicant have also been placed before the Court. The circumstances
which, according to the counsel, led to the false implication of the
accused have also been mentioned. It has also been assured on behalf of
the applicant that he is ready to cooperate with the process of law and
shall faithfully make himself available before the court whenever required
and is also ready to accept all the conditions which the Court may deem
fit to impose upon him. He next submits that applicant is languishing in
jail since 29.08.2025.
3. Per contra, learned A.G.A. as well as learned counsel for the applicant
have opposed the prayer for bail of the applicant by contending that the
innocence of the applicant cannot be adjudged at this stage, therefore, he
does not deserve any indulgence.
BAIL No. 35381 of 2025
2
4. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties, nature of evidence, and all attending
facts and circumstances of the case, without expressing any opinion on
merits of the case, this Court is of the view that the applicant has made
out a case for bail. Hence the bail application is allowed.
5. Let applicant Krishna @ Pradumm involved in Case Crime No.324
of 2025 under Sections 137(2), 87, 65(1) of B.N.S., and Section 3/4 of
POCSO, Police Station AIIMS, District Gorakhpur, be released on bail on
furnishing a personal bond and two heavy local sureties each of the like
amount to the satisfaction of the court concerned subject to the following
conditions:-
A. The applicant shall not tamper with the evidence during the trial.
B. The applicant shall not pressurize/ intimidate the prosecution witness.
C. The applicant shall appear before the trial court on the date fixed,
unless personal presence is exempted.
D. The applicant shall not commit an offence similar to the offence of
which he is an accused, or suspected, of the commission of he is
suspected.
E. 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 them from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
6. In case of breach of any of the above condition, the trial Court shall be
at liberty to cancel the bail of the applicant in accordance with law.
(Dr. Gautam Chowdhary,J.)
March 18, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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