Gaurav Yadav v. State of U.P.)

: Chandan Srivastava Srivastava, Vikas Counsel for Opposite Party(s): G.A. Court No. - 64

1. List revised. HON'BLE SAMIT GOPAL, J.

2. Heard Sri Vikas Srivastava, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

3. This is second bail application of the applicant. The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 13.08.2025 passed in Criminal Misc. Bail Application No. 27863 of 2025 (Gaurav Yadav vs. State of U.P.).

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Gaurav Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 0229 of 2025, under Sections 376, 406 I.P.C., Police Station Karhal, District Mainpuri.

5. The first information report of the present matter was lodged on 30.05.2025 by the victim against the applicant and 02 other persons alleging therein that her father is dead. She along with her family members had left her house and was living at a different place in search of employment. While chatting she met the applicant and started chatting with him. He made her talk with his mother and sister. He proposed marriage with her. He then called her on 26.03.2023 at his house where she reached at about 11 am but no one was present. He then stated that since they are getting married physical relationship be established between them. She refused but he forced 2 BAIL No. 30800 of 2025 her and established physical relationship with her. She told her mother about it after which she talked to her family members who had agreed for marriage. In the meantime, Rs. 4,50,000/- was given by the victim and her mother to the applicant. He used to call her to another place and established physical relationship with her without her consent. On 07.04.2025 the accused person refused marriage with her. A report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman aged about 24 years. It is submitted that the relationship between the applicant and the victim was on some discussion of marriage which could not materialize. It is submitted that the allegation of giving money to the applicant is a concocted allegation without any credible evidence. While placing paragraph 05 of the affidavit it is submitted that the applicant has no criminal history. He was previously involved in a case but he was exonerated therein. The applicant is in jail since 28.06.2025.

7. Per contra, learned counsel for the State opposed the prayer for bail.

8. After having heard learned counsel for the parties and perusing the record, it is evident that this is second bail application of the applicant. The first bail application of the applicant was dismissed as withdrawn vide order dated 13.08.2025 and the following order was passed by this Court:- "1. List revised.

2. Heard Sri Vikas Srivastava, learned counsel for the applicant, Sri Bhaiya Ram Maurya, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Gaurav Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 0229 of 2025, under Sections 376, 406 I.P.C., Police Station Karhal, District Mainpuri.

4. Learned counsel for State points that the applicant has criminal history of one case and as such the recital in paragraph 19 of the affidavit stating that the applicant has no criminal history is false and incorrect. He submits that the bail application be dismissed in view of the order/judgement of the Apex Court passed in the cases of Munnesh Vs. State of U.P.: SLP (Crl.) 3 BAIL No. 30800 of 2025 No. 1400 / 2025 and Kaushal Singh Vs. State of Rajasthan : 2025 SCC OnLine SC 1473.

5. Learned counsel for the applicant prays that since the criminal history of the applicant has not been disclosed and explained, the present bail application be dismissed as withdrawn as he intends to file a better application with full and complete documents.

6. Prayer is allowed.

7. The present bail application is dismissed as withdrawn."

9. The victim is a major woman. The relationship between the applicant and the victim was on some discussion of marriage which could not materialize. The relationship became sour then the present first information report has been lodged.

10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

11. Let the applicant- Gaurav Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 4 BAIL No. 30800 of 2025 82 Cr.P.C., may be issued and if 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 I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

13. The bail application is allowed.

14. Pending application (s), if any, shall stand disposed of. September 25, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

: Chandan Srivastava Srivastava, Vikas Counsel for Opposite Party(s): G.A. Court No. - 64

1. List revised. HON'BLE SAMIT GOPAL, J.

2. Heard Sri Vikas Srivastava, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

3. This is second bail application of the applicant. The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 13.08.2025 passed in Criminal Misc. Bail Application No. 27863 of 2025 (Gaurav Yadav vs. State of U.P.).

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Gaurav Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 0229 of 2025, under Sections 376, 406 I.P.C., Police Station Karhal, District Mainpuri.

5. The first information report of the present matter was lodged on 30.05.2025 by the victim against the applicant and 02 other persons alleging therein that her father is dead. She along with her family members had left her house and was living at a different place in search of employment. While chatting she met the applicant and started chatting with him. He made her talk with his mother and sister. He proposed marriage with her. He then called her on 26.03.2023 at his house where she reached at about 11 am but no one was present. He then stated that since they are getting married physical relationship be established between them. She refused but he forced 2 BAIL No. 30800 of 2025 her and established physical relationship with her. She told her mother about it after which she talked to her family members who had agreed for marriage. In the meantime, Rs. 4,50,000/- was given by the victim and her mother to the applicant. He used to call her to another place and established physical relationship with her without her consent. On 07.04.2025 the accused person refused marriage with her. A report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman aged about 24 years. It is submitted that the relationship between the applicant and the victim was on some discussion of marriage which could not materialize. It is submitted that the allegation of giving money to the applicant is a concocted allegation without any credible evidence. While placing paragraph 05 of the affidavit it is submitted that the applicant has no criminal history. He was previously involved in a case but he was exonerated therein. The applicant is in jail since 28.06.2025.

7. Per contra, learned counsel for the State opposed the prayer for bail.

8. After having heard learned counsel for the parties and perusing the record, it is evident that this is second bail application of the applicant. The first bail application of the applicant was dismissed as withdrawn vide order dated 13.08.2025 and the following order was passed by this Court:- "1. List revised.

2. Heard Sri Vikas Srivastava, learned counsel for the applicant, Sri Bhaiya Ram Maurya, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Gaurav Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 0229 of 2025, under Sections 376, 406 I.P.C., Police Station Karhal, District Mainpuri.

4. Learned counsel for State points that the applicant has criminal history of one case and as such the recital in paragraph 19 of the affidavit stating that the applicant has no criminal history is false and incorrect. He submits that the bail application be dismissed in view of the order/judgement of the Apex Court passed in the cases of Munnesh Vs. State of U.P.: SLP (Crl.) 3 BAIL No. 30800 of 2025 No. 1400 / 2025 and Kaushal Singh Vs. State of Rajasthan : 2025 SCC OnLine SC 1473.

5. Learned counsel for the applicant prays that since the criminal history of the applicant has not been disclosed and explained, the present bail application be dismissed as withdrawn as he intends to file a better application with full and complete documents.

6. Prayer is allowed.

7. The present bail application is dismissed as withdrawn."

9. The victim is a major woman. The relationship between the applicant and the victim was on some discussion of marriage which could not materialize. The relationship became sour then the present first information report has been lodged.

10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

11. Let the applicant- Gaurav Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 4 BAIL No. 30800 of 2025 82 Cr.P.C., may be issued and if 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 I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

13. The bail application is allowed.

14. Pending application (s), if any, shall stand disposed of. September 25, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad