Allowed

Ashutosh Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Allahabad HC23 May 2024BAIL/5411/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench granted interim bail to an applicant in a rape case where both parties expressed willingness to marry. The court imposed strict conditions requiring marriage within one month, registration within fifteen days, and cooperation in trial proceedings.

What did the court decide?

Interim bail granted until 27.08.2024 subject to conditions of marriage within one month, registration within fifteen days, and cooperation in trial.

Ashutosh Mishra vs State of U.P. Thru. Addl. Chief Secy… — Bail and Remand | Allahabad HC (2024)

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5411 of 2024

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Applicant :- Ashutosh Mishra Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko.

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Counsel for Applicant :- Bhupendra Pratap Singh,Arpit Singh,Nasrul Hasan,Umesh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Mr. Nasrul Hasan, learned counsel for the applicant, Shri G.D. Bhatt, learned Additional Government Advocate for the State and Shri Kamal Kishor Tiwari, learned counsel, who has filed Vakalatnama on behalf of the complainant/ prosecutrix, the same is taken on record.

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2. As per learned counsel for the applicant, the present applicant (Ashutosh Mishra) is languishing in jail since 02.04.2024 in Case Crime No.74 of 2024, under Sections 376, 504 & 506 I.P.C., Police Station- Harchandpur, District-Raebareli.

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3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged in the prosecution story.

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4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the date of incident has been indicated as 02.04.2020 but the impugned F.I.R. has been lodged on 23.02.2024 without explaining the delay. He has further submitted that as a matter of fact the present applicant and the prosecutrix are in love affairs but on account of ill advice she lodged the impugned F.I.R. against the present applicant. As per the allegations of the F.I.R., on the pretext of false promise of marriage the present applicant has established physical relations with her but the facts of the case are different that the physical relations between them were consensual as both were agreed to get married.

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5. Learned counsel for the applicant, on the basis of specific instructions, has submitted that the present applicant is ready to get married with the prosecutrix, for that, he may be enlarged on bail.

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6. Learned counsel appearing for the complainant/ prosecutrix

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has also stated on the basis of specific instructions from the prosecutrix that she is also willing to get married with the present applicant, therefore, any appropriate order may be passed.

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7. Learned Additional Government Advocate has also stated that though the impugned F.I.R. has been lodged against the present applicant by the prosecutrix, but they being major persons are ready to get married each other, therefore, any appropriate order protecting the interest of the prosecution and the prosecutrix may be passed.

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8. Considering the aforesaid submissions of learned counsel for the parties and also the fact that the present applicant is ready to get married with the prosecutrix after granting an interim bail, I find it appropriate that the present applicant may be enlarged on interim bail till 27.08.2024 in the aforesaid case crime. He shall furnish two sureties of Rs.20,000/- each and personal bond of the same amount before the trial court concerned.

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9. List this case on 27.08.2024.

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10. Immediately after release from jail, the present applicant shall get married with the prosecutrix as social marriage so that their marriage could be known to the society within a period of one month. Thereafter, they shall get their marriage registered under the Uttar Pradesh Marriages Rules, 2017 within a period of fifteen days. The present applicant shall take care of his wife properly.

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11. During the period the present applicant is out of judicial custody, he shall cooperate in the trial proceedings and during the aforesaid period, he shall not leave the State/ Country and shall not misuse the liberty of interim bail.

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12. Considering the conduct of the present applicant, his interim bail order may be converted into regular/ final bail order when the case is next listed.

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13. On the next date, both the applicant and prosecutrix shall appear in person along with Marriage Certificate and photocopy thereof may be taken on record.

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14. If the present applicant violates any of the aforesaid conditions, liberty is given to the prosecutrix or informant or prosecution to take appropriate steps against the present applicant and if the prosecutrix files any complaints against the present applicant for violating the aforesaid conditions, his interim bail order shall stand cancelled and he may be taken

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into judicial custody again.

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15. When the case is next listed, name of Shri Kamal Kishor Tiwari, Advocate be printed in the cause list as counsel for the opposite parties.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 23.5.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Ashutosh Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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Ashutosh Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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