High Court · 2025

Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 0498 of 2024, under Section 69, 351(2) BNS, P.S. Krishnanagar, District Lucknow. As per the prosecution story, the applicant has deceitfully promised the alleged victim for performing marriage while saying that his wife died though his wife is alive and there are three children, and under the garb of aforesaid false promise, the applicant committed rape. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that the alleged victim is an educated lady and narration in the F.I.R. itself reveals that the same has been concocted. He added that no such promise has ever been accorded by the applicant to the alleged victim and for extraneous reasons, she has levelled allegations against him. Next submission is that there is no ample evidence against him and the charge sheet has been, as such, there is no possibility of tampering the evidence and threatening the witnesses. Further submission is that there is no previous criminal history of the applicant, which has been explained in para 17 of the bail application and the applicant is languishing in jail since 23.12.2024 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. On the other hand, learned counsel for the complainant has opposed the contention aforesaid and submits that the applicant is named in the F.I.R. and it is a clear cut case of false promise and after thorough investigation, it was found that he is involved in committing the crime and, as such, charge sheet has been filed against him and, therefore, he is not entitled to be released on bail. Learned A.G.A. has also supported the version of the learned counsel for the applicant and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that alleged victim is an educated lady and the allegation made in the F.I.R. has fraudulently been denied by the learned counsel for the applicant while submitting that there is no substantial evidence against him; charge sheet has been filed, as such, there seems to be no possibility that he will tamper the evidence or threaten the witnesses; there is no possibility that trial would conclude in near future; there is no previous criminal history of the applicant, which has been explained in para 17 of the bail application; the applicant is languishing in jail since 23.12.2024 and he has undertaken that he will not misuse the liberty of bail if granted and would co- operate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant involved in the Vasudev Sharma aforementioned 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 of the Indian Penal Code; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 12.2.2025 Ram Murti RAM MURTI YADAV RAM MURTI YADAV RAM MURTI YADAV RAM MURTI YADAV High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench

Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 0498 of 2024, under Section 69, 351(2) BNS, P.S. Krishnanagar, District Lucknow. As per the prosecution story, the applicant has deceitfully promised the alleged victim for performing marriage while saying that his wife died though his wife is alive and there are three children, and under the garb of aforesaid false promise, the applicant committed rape. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that the alleged victim is an educated lady and narration in the F.I.R. itself reveals that the same has been concocted. He added that no such promise has ever been accorded by the applicant to the alleged victim and for extraneous reasons, she has levelled allegations against him. Next submission is that there is no ample evidence against him and the charge sheet has been, as such, there is no possibility of tampering the evidence and threatening the witnesses. Further submission is that there is no previous criminal history of the applicant, which has been explained in para 17 of the bail application and the applicant is languishing in jail since 23.12.2024 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. On the other hand, learned counsel for the complainant has opposed the contention aforesaid and submits that the applicant is named in the F.I.R. and it is a clear cut case of false promise and after thorough investigation, it was found that he is involved in committing the crime and, as such, charge sheet has been filed against him and, therefore, he is not entitled to be released on bail. Learned A.G.A. has also supported the version of the learned counsel for the applicant and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that alleged victim is an educated lady and the allegation made in the F.I.R. has fraudulently been denied by the learned counsel for the applicant while submitting that there is no substantial evidence against him; charge sheet has been filed, as such, there seems to be no possibility that he will tamper the evidence or threaten the witnesses; there is no possibility that trial would conclude in near future; there is no previous criminal history of the applicant, which has been explained in para 17 of the bail application; the applicant is languishing in jail since 23.12.2024 and he has undertaken that he will not misuse the liberty of bail if granted and would co- operate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant involved in the Vasudev Sharma aforementioned 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 of the Indian Penal Code; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 12.2.2025 Ram Murti RAM MURTI YADAV RAM MURTI YADAV RAM MURTI YADAV RAM MURTI YADAV High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench