Rituraj Bhargav Vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:12244

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1718 of 2025

Applicant :- Rituraj Bhargav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Shiv Shankar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Shiv Shankar Singh, learned counsel for the applicant and Sri Ashok Kumar Singh, learned AGA for the State.

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The present applicant is in jail since 22.12.2024, in case crime no. 504 of 2024, under Sections 64, 75, 333, 351(3) of BNS at Police Station Masauli District Barabanki.

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Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which was lodged on 13.12.2024 for the alleged incident dated 05.12.2024 without explaining the aforesaid delay of eight days. As a matter of fact, the impugned FIR has been lodged to implicate the applicant falsely. Attention has been drawn towards the impugned FIR wherein, no specific allegation of rape has been levelled against the present applicant as only allegation of molestation has been levelled. The similar allegation has been levelled in the statement of the prosecutrix recorded under Section 180 and 183 of BNSS, however, in her statement recorded under Section 183 BNSS she has stated that on earlier occasion, the present applicant had established physical relation after providing some intoxicated content, however, no date, time and place has been indicated of the earlier incident. During the course of the medical examination, the allegations could not be substantiated. There is no prior criminal history of the present applicant. The chargesheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate 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.

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Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for

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the applicant.

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Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 22.12.2024; there is no likelihood to conclude the trial in the near future; and 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.

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The bail application is allowed .

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Let the applicant- Rituraj Bhargav, 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:-

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(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.

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(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.

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(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 applicants fail 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.

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(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.

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Order Date :- 28.2.2025 Anurag

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

Rituraj Bhargav v. State of U.P. Thru. Prin. Secy. Home Lko

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Rituraj Bhargav v. State of U.P. Thru. Prin. Secy. Home Lko

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