Rajesh Gautam v. State Of U.P. Thru. Prin. Secy. Lko

Applicant :- Rajesh Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Sagar Singh, Shri Ram Maurya Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Sagar Singh, learned counsel for the applicant and Sri Anant Pratap Singh, learned Additional Government Advocate for the State.

As per learned counsel for the applicant, the present applicant (Rajesh Gautam) is languishing in jail since 14.12.2024 in Case Crime No.358 of 2024, under Sections 333, 64 & 305 of the Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station- Fatehpur Chaurasi, District-Unnao.

Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

Attention has been drawn towards the impugned First Information Report (in short F.I.R.) which was lodged on 02.12.2024 for the alleged incident dated 01.12.2024. In the F.I.R., no allegation of rape has been levelled against the present applicant as the allegation of teasing and molestation has been levelled. The informant/ prosecutrix narrated same story while recording her statement under Section 180 B.N.S.S. on 02.12.2024. The medical examination report corroborated the allegation so levelled in the F.I.R. and the statement recorded under Section 180 B.N.S.S. as the prosecutrix received some minor injuries. However, while recording her statement under Section 183 B.N.S.S. on 06.12.2024 she developed the story of rape. Besides, the allegation of theft has been consistently levelled in the F.I.R. and the statement recorded under Section 180 B.N.S.S.

Learned counsel for the applicant has stated that the charge- sheet has been filed. The present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly.

On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant

Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no allegation of rape has been levelled in the impugned F.I.R.; there is contradiction in the statement of the prosecutrix recorded under Sections 180 & 183 B.N.S.S.; the present applicant is having no prior criminal history of any kind whatsoever; the charge-sheet has been filed and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

Let the applicant (Rajesh Gautam) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) 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. (ii) 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 IPC/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 17.2.2025 Suresh/