Sarvesh Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. — Allahabad HC (2025) — LawSathi Research

Sarvesh Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Sarvesh to be released on bail in Case Crime No. 248/2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) not tampering with prosecution evidence; (ii) not pressurizing prosecution witnesses; (iii) appearing on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Sarvesh should be released on bail in Case Crime No. 248/2024, under Sections 87 & 64 B.N.S., Police Station Dalmau, District Raebareli.

Court's answer

Considering that in her statement recorded under Section 180 B.N.S.S. the victim did not allege commission of rape; that during the medico legal examination she alleged physical relations but no physical or emotional violence, with no mark of injury or sign of use of force in the medico legal report; that photographs annexed with the rejoinder affidavit show the parties were in an affectionate relationship; that the victim is a major aged 19 years and the applicant a young man aged 22 years; and that the investigation already stands concluded, the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Ratio / Principle

The applicant Sarvesh is to be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/concerned court, subject to the conditions that he shall not tamper with the prosecution evidence, shall not pressurize the prosecution witnesses, and shall appear on each and every date fixed by the trial court.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J.: Criminal Misc. Bail Application No. 11171 of 2024 (Order Date 10.4.2025; Neutral Citation 2025:AHC-LKO:20376) allowed. Applicant Sarvesh, booked in Case Crime No. 248/2024 under Sections 87 & 64 B.N.S., Police Station Dalmau, District Raebareli (F.I.R. dated 22.07.2024 alleging enticement of the informant's 19-year-old daughter and, per the victim's medico legal examination statement, forcible physical relations), enlarged on bail. Grounds noted by the court: the victim's statement under Section 180 B.N.S.S. did not allege rape; she alleged no physical or emotional violence; the medico legal report recorded no mark of injury or sign of use of force and no spermatozoa in the vaginal swab; photographs with the rejoinder affidavit showed an affectionate relationship; the victim is a major aged 19 years and the applicant aged 22 years; and the investigation stands concluded (charge sheet dated 25.09.2024). Bail granted on a personal bond and two sureties each in the like amount, conditioned on non-tampering with evidence, non-pressurization of witnesses, and appearance on every trial date. The applicant's antecedent case under Sections 323, 504 & 506 IPC, with bail granted on 17.10.2024, was disclosed in the bail affidavit. No precedents were cited.

Neutral Citation No. - 2025:AHC-LKO:20376

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11171 of 2024

Applicant :- Sarvesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko.

Counsel for Applicant :- Chhaya Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Pradeep Kumar Mishra holding brief of Ms. Chhaya Tripathi, the learned counsel for the applicant, Sri Anshuman Verma, the learned AGA for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 248/2024, under Sections 87 & 64 B.N.S., Police Station Dalmau, District Raebareli.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.07.2024 against the applicant and Roshan, stating that while the informant's daughter aged 19 years had gone to a field, the accused persons enticed her away at about 07:30 p.m. on 21.07.2024.

Statement of the victim was recorded on 22.07.2024, wherein she stated that while she was returning from a paddy field, the applicant caught hold of her hand, dragged her, he kept her roaming about here and there and he took her to his house at about 11:00 p.m. In the morning the applicant's grandmother dropped her back home.

During medico legal examination report, the victim stated that the applicant had forcibly made physical relations with her.

However, she did not allege commission of physical violence or emotional abuse or violence and she did not allege use of any restraints by the applicant. The medico legal examination report mentions no mark of injury or sign of use of force. Although samples were taken for pathological examination, there is no report regarding presence of spermatozoa in the vaginal swab.

In para 24 of the affidavit filed in support of the bail application, the applicant's involvement in a case under Sections 323, 504 & 506 IPC has been disclosed, in which he has been granted bail by the trial court on 17.10.2024.

The State has filed a counter affidavit annexing therewith the material collected during investigation. A copy of the charge sheet dated 25.09.2024 has been annexed with the counter affidavit.

A rejoinder affidavit has been filed on behalf of the applicant annexing therewith several photographs of the applicant with the victim which shows that they were in an affectionate relationship.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statement recorded under Section 180 B.N.S.S., the victim did not allege commission of rape; although she alleged during her medico legal examination that the applicant had made physical relations, she did not allege physical or emotional violence and the medico legal examination report mentions no mark of injury or sign of use of force; the photographs annexed with the rejoinder affidavit states that the parties were in an affectionate relationship, the victim is major aged 19 years and the applicant is a also a young man aged 22 years and the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for

enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant - Sarvesh be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

[Subhash Vidyarthi, J.]

Order Date :- 10.4.2025 Pradeep/-

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench