Vijay Pal v. State Of U.P. Thru Principal Sec. Home

Prosecutrix was medically examined but the medical examination report has not substantiated the allegation of rape as the prosecutrix has not received any internal or external injury. It is stated that the charge sheet has been filed against the applicant. He has stated that the applicant has no prior criminal history of any kind whatsoever. Further, similarly placed co-accused has been granted bail by this Court in Criminal Misc. Bail Application No. 599 of 2025 vide order dated 23.01.2025. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and the fact that in the FIR, no allegation of rape has been levelled by the prosecutrix who is herself the informant; while recording her statement under Section 180 BNSS, no allegation of rape has been levelled and the only allegation of teasing and molestation has been levelled butt while recording her statement under Section 183 BNSS, the allegation of rape has been levelled against the present applicant and one more person; prosecutrix was medically examined but the medical examination report has not substantiated the allegation of rape as the prosecutrix has not received any internal or external injury; similarly placed co-accused has been granted bail by this Court in Criminal Misc. Bail Application No. 599 of 2025 vide order dated 23.01.2025; charge sheet has been filed against the applicant; the applicant has no prior criminal history of any kind whatsoever and the undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

Accordingly, the bail application is allowed. Let the applicant- Vijay Pal 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 of the Indian Penal Code.

(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. 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 of the Indian Penal Code.

(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. 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 17.2.2025 Anurag ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench