High Court · 2025

her classmate (co-accused Sachin Pandey) since first semester and they got close. They made physical relations for a period up to two years. The co-accused had allured to marry her. Some objectionable photos of the victim with the co-accused were in her mobile phone and some recording and chats were also there. When the informant asked to marry her, the co-accused started keeping distance from her. When she threatened to disclose her relationship to her family members, the incident was given effect to. The victim further stated that the co-accused forcibly dragged her amongst the bushes near a railway track and made physical relations with the assistance of applicant. The victim has not been examined medically.

5. In the statement of the informant recorded under Section 183 B.N.S.S., she reiterated her earlier version but she further added that the applicant and Sachin Pandey dragged her towards the railway track. The applicant threatened her with a knife and the co-accused Sachin raped her while the applicant-Saurabh had caught hold of her. She stated that she remained admitted to a hospital for two days.

6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case.It has also been submitted on behalf of the applicant that the co-accused Sachin Pandey has already been granted anticipatory bail by this court by means of an order dated 25.04.2025, passed in Criminal Misc. Anticipatory Bail Application No.364 of 2025.

7. Learned A.G.A. as well as the learned counsel for the informant have opposed the anticipatory bail application and they have submitted that the victim fully supported the case against the applicant. The offence committed by him is heinous in nature, the investigation is still going on and, therefore, the applicant is not entitled to be released on bail.

8. The learned A.G.A. informed that no papers regarding admission and treatment of the victim in a hospital for two days are available in the case diary.

9. Although it is recorded in the case diary that the victim was medically examined and her medico-legal examination report has been perused by the Investigating Officer, the findings of the medico-legal examination report are not mentioned in the case diary from which prima facie it appears that no adverse findings have come to light in the medico-legal examination report of the victim.

10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim has alleged that the co-accused Sachin Pandey forcefully snatched away her phone and deleted some photographs, recordings and chats from that phone, she has not disclosed the nature of that material which has been deleted by the the co- accused; the victim has stated that she is in a relationship with the co-accused for the past 2 years and they had made physical relations from which it appears that the victim herself had saved some obscene material on her phone which would have been harmful for the co-accused; the findings of the victim's medico- legal examination are not available on case diary and there is not material to support that she has remained admitted to a hospital for two days and that the applicant is a young man having no criminal history, I am of the view that the applicant is entitled to be released on anticipatory bail.

11. Accordingly, this anticipatory bail application stands allowed.

12. In the event of arrest/appearance of applicant- Saurabh Yadav before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 30.4.2025 Ram. RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench (Subhash Vidyarthi, J.)

her classmate (co-accused Sachin Pandey) since first semester and they got close. They made physical relations for a period up to two years. The co-accused had allured to marry her. Some objectionable photos of the victim with the co-accused were in her mobile phone and some recording and chats were also there. When the informant asked to marry her, the co-accused started keeping distance from her. When she threatened to disclose her relationship to her family members, the incident was given effect to. The victim further stated that the co-accused forcibly dragged her amongst the bushes near a railway track and made physical relations with the assistance of applicant. The victim has not been examined medically.

5. In the statement of the informant recorded under Section 183 B.N.S.S., she reiterated her earlier version but she further added that the applicant and Sachin Pandey dragged her towards the railway track. The applicant threatened her with a knife and the co-accused Sachin raped her while the applicant-Saurabh had caught hold of her. She stated that she remained admitted to a hospital for two days.

6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case.It has also been submitted on behalf of the applicant that the co-accused Sachin Pandey has already been granted anticipatory bail by this court by means of an order dated 25.04.2025, passed in Criminal Misc. Anticipatory Bail Application No.364 of 2025.

7. Learned A.G.A. as well as the learned counsel for the informant have opposed the anticipatory bail application and they have submitted that the victim fully supported the case against the applicant. The offence committed by him is heinous in nature, the investigation is still going on and, therefore, the applicant is not entitled to be released on bail.

8. The learned A.G.A. informed that no papers regarding admission and treatment of the victim in a hospital for two days are available in the case diary.

9. Although it is recorded in the case diary that the victim was medically examined and her medico-legal examination report has been perused by the Investigating Officer, the findings of the medico-legal examination report are not mentioned in the case diary from which prima facie it appears that no adverse findings have come to light in the medico-legal examination report of the victim.

10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim has alleged that the co-accused Sachin Pandey forcefully snatched away her phone and deleted some photographs, recordings and chats from that phone, she has not disclosed the nature of that material which has been deleted by the the co- accused; the victim has stated that she is in a relationship with the co-accused for the past 2 years and they had made physical relations from which it appears that the victim herself had saved some obscene material on her phone which would have been harmful for the co-accused; the findings of the victim's medico- legal examination are not available on case diary and there is not material to support that she has remained admitted to a hospital for two days and that the applicant is a young man having no criminal history, I am of the view that the applicant is entitled to be released on anticipatory bail.

11. Accordingly, this anticipatory bail application stands allowed.

12. In the event of arrest/appearance of applicant- Saurabh Yadav before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 30.4.2025 Ram. RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench (Subhash Vidyarthi, J.)