SAMEERversusSTATE OF U.P. AND 3 OTHERS

    HIGH COURT OF JUDICATURE AT ALLAHABAD
    CRIMINAL MISC. BAIL APPLICATION No. - 4397 of 2026

Sameer
                                                .....Applicant(s)
                             Versus

State Of U.P. And 3 Others
                                                   .....Opposite
                                                         Party(s)

Counsel for Applicant(s)      : Manish    Kumar    Singh,
                                Viveka Nand Maurya
Counsel for Opposite Party(s) : G.A.

Court No. - 65
         HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Sri Ravi Ratan, learned counsel has filed his power on behalf
of the informant today in the Court, is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A for
the State and peruse d the record.

3. 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 according to
the High School certificate, the victim is major, which has been
reduced in writing in parcha of the case diary, copy of extract
of same is annexed as Annexure-7 to the affidavit
accompanying the bail application. Learned counsel further
submits that the victim had gone with the applicant out of her
own free will and consent. He further submits that the victim
has not supported the prosecution version as per statement of
the victim recorded under Section 180 and 183 of B.N.S.S. He
next submits that apart from the fact that the victim is a
consenting party, the victim has also refused to undergo for
medical examination and therefore, 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
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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 12.12.2024.

3. Per contra, learned A.G.A. has opposed the prayer for bail of
the applicant by contending that the innocence of the applicant
cannot be adjudged at pre trial stage, therefore, he does not
deserve any indulgence. In case the applicant is released on
bail he will misuse the liberty of bail. However, learned
counsel for the informant did not dispute the submissions
advanced by learned counsel for the applicant.

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 Sameer involved in Case Crime No.173 of
2024 under Sections 363, 376 I.P.C., and Section 3/4 of
POCSO Act, Police Station Nagra, District Ballia, 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:-

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution
witnesses.

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

iv) The applicant shall not commit an offence similar to the
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                                                                 3


                                        offence of which the applicant is accused, or suspected of the
                                        commission.

                                        v) 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 such person from
                                        disclosing 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.)


                                        February 6, 2026
                                        S.Ali




Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad