Ram Harish Yadav vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Ram Harish Yadav vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application not finally decided. Interim directions only: notice/service of the bail application and order upon the complainant and the victim through the SHO, P.S. Dubauliya, District Basti with affidavit of service; liberty to the learned A.G.A., complainant and victim to file counter affidavits; matter listed on 17.09.2025.

Issue for consideration

Whether the applicant Ram Harish Yadav is entitled to bail in the case arising out of the F.I.R. dated 23.01.2019 - final order on the bail application yet to be passed. +1 more

Ratio / Principle

Before passing final order on the bail application, the Court considers it appropriate to grant an opportunity of hearing to the complainant and the victim, in view of the victim's Section 164 Cr.P.C. statement that the applicant forcibly got the marriage solemnized with her and that she was forced to file petition before the High Court.

Key takeaways

Station House Officer, Police Station Dubauliya, District Basti is directed to serve a copy of the bail application along with the order upon the complainant and the victim and to file an affidavit of service by the next date.ratio¶8
The matter is to be listed on 17.09.2025.ratio¶9
In the meantime, the learned A.G.A. and the complainant as well as the victim may file counter affidavits, if they so desire.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Singh, J.), order dated 19.8.2025 in Criminal Misc. Bail Application No. 25515 of 2025 (Ram Harish Yadav v. State of U.P.). Interim order in a bail application concerning a 2019 matter: F.I.R. lodged 23.01.2019; the victim had earlier preferred Writ-C No. 2574 of 2019 (disposed 24.01.2019) and, with four others, Criminal Misc. Writ Petition No. 2871 of 2019 (disposed 01.02.2019) granting protection against arrest till submission of the report under Section 173(2) Cr.P.C.; charge sheet filed 30.01.2020, whereafter the applicant absconded and was arrested on 01.05.2025. Noting the victim's Section 164 Cr.P.C. statement that the applicant forcibly got the marriage solemnized with her and that she was forced to file petition before the High Court, the Court held that hearing of the complainant and the victim was necessary before passing final order, directed the SHO, P.S. Dubauliya, District Basti to serve the bail application and order upon them and file an affidavit of service, permitted counter affidavits, and listed the matter for 17.09.2025. The bail claim remains undecided.

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25515 of 2025

Applicant :- Ram Harish Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Hriday Raj Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

It is an old matter of the year 2019. The F.I.R. was lodged on 23.01.2019. It is alleged that the victim along with another petitioner has preferred Writ-C No. 2574 of 2019, which was disposed of vide order dated 24.01.2019, thereafter victim along with four others preferred Criminal Misc. Writ Petition No. 2871 of 2019, which was disposed of vide order dated 01.02.2019 granting protection to the petitioners that they shall not be arrested till submission of the report under Section 173(2) Cr.P.C. After culmination of investigation charge sheet was submitted on 30.01.2020, thereafter applicant absconded and did not ensure his presence before the trial court. The applicant was arrested on 01.05.2025 and since then he is in jail.

In the light of statement of victim recorded under Section 164 Cr.P.C. wherein she has stated inter alia that the applicant forcibly got the marriage solemnized with her and she was forced to file petition before the High Court, this Court feels it appropriate that before passing final order in the matter an opportunity of hearing to the complainant and the victim is necessary.

Learned Government Advocate has accepted notice on behalf of the State of U.P.

Station House Officer, Police Station Dubauliya, District Basti is directed to serve a copy of the bail application along with this order upon the complainant and the victim and shall file an affidavit of service by the next date.

Let this matter be listed on 17.09.2025.

In the meantime, learned A.G.A. and the complainant as well as the victim may file counter affidavit, if they so desire.

Order Date :- 19.8.2025

Kashifa

Digitally signed by :- KASHIFA High Court of Judicature at Allahabad