Mahendra v. State of U.P.), copy of the order is annexed as annexure
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31493 of 2025 Mahendra State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) : Ashish Kumar Dubey, Rakesh Kumar Counsel for Opposite Party(s) : G.A. Pandey Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Heard Sri Rakesh Kumar Pandey, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Mahendra, seeking enlargement on bail during trial in connection with Case Crime No. 729 of 2025, under Sections 69, 351(3) BNS, registered at Police Station Kotwali Lalitpur, District Lalitpur. 4. The FIR of the matter was lodged on 26.06.2025 by the victim against the applicant alleging therein that previously the victim had lodged the FIR against the applicant on 16.10.2023 in which he was arrested and after being released on bail he came to her and apologized to her for his mistake and stated that he wants to marry her. He then again took her in confidence and made a false promise to marry and started sexual assault on her. She came to know that on 17.05.2025 in the night he has married some other girl. When she asked him about it he threatened her. Report be lodged and action be taken. 5. 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 girl aged about 21 years. It is submitted that on similar allegations regarding sexual assault the victim had initially lodged the FIR on 16.10.2023 as Case Crime No. 820 of 2023, under Sections 493, 406 IPC, P.S. Kotwali Lalitpur, District Lalitpur in which after investigation charge sheet was submitted under Sections 376, 377, 506 IPC and the applicant was granted bail vide order dated 20.12.2023 by the Sessions Judge, Lalitpur passed in Bail Application No. 1626 of 2023 (Mahendra Vs. State of U.P.), copy of the order is annexed as annexure 3 to the affidavit. 2 BAIL No. 31493 of 2025 It is submitted that the relationship between the applicant and the victim was a consensual relationship and there was some discussion of marriage between them which could not materialize. It is submitted that apart from the said two cases, the applicant has no criminal history as stated in para 20 of the affidavit. The applicant is in jail since 11.07.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major girl. The relationship between the applicant and the victim was since long and the same became sour after which the victim had lodged the FIR against the applicant in which he was granted bail. Subsequently again they indulged in physical relationship on some discussion of marriage. The factum of marriage could not materialize and thus the present FIR has been lodged. 8. 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. 9. Let the applicant Mahendra, 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 84 BNSS, 2023 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 209 BNS, 2023. (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) 3 BAIL No. 31493 of 2025 recording of statement under Section 351 BNSS, 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. 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. 11. The bail application is allowed.
Decision
12. Pending application(s), if any, shall stand disposed of. September 15, 2025 M. ARIF (Samit Gopal,J.) Digitally signed by :- Digitally signed by :- MOHAMMAD ARIF MOHAMMAD ARIF High Court of Judicature at Allahabad High Court of Judicature at Allahabad