Vikash Modanwal vs State Of U.P. And 3 Others

2. Heard Sri Imran Ali, learned counsel for the applicant, Sri Subham Rai holding brief of Sri Anand Shankar Dubey, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No. 20 of 2026, under Sections 352, 351(3), 115(2), 69 BNS and section 5(L)/6 POCSO Act Police Station Chauri, District Bhadohi, during the pendency of trial.

4. The applicant is absolutely innocent and has been falsely implicated in the present case. The allegation against the applicant is that he assaulted the victim on 27.02.2026 at about 12:00 p.m. and also hurled abuses at her. The FIR is delayed by more than one day and there is no explanation of the said delay caused.

5. Learned counsel for the applicant submits that the case of assault has subsequently been converted into one of a sexual relationship. The statement recorded under Section 183 BNSS indicates that the applicant established a relationship with the victim on a false promise of marriage. It is further submitted that the injuries sustained by the victim are not grievous in nature. Though the victim is stated to have sustained nine injuries, all the injuries are simple in nature. The applicant is languishing in jail since 23.3.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

6. Per contra, learned counsel for the informant vehemently opposed the bail application but unable to dispute the submissions raised by learned counsel for the applicant.

7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and there being no medical corroboration of the incident, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed.

8. Let the applicant-Vikash Modanwal, 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

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

10. It 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.

(Krishan Pahal,J.)

May 7, 2026

Sushma