Rajan Alias Uday Narayan Gaund Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30453 of 2025

Rajan Alias Uday Narayan Gaund

.....Applicant(s)

	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Rajeev Kumar Srivastava
Counsel for Opposite Party(s)	:	G.A.

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Court No. - 64

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HON'BLE SAMIT GOPAL, J.

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1. List revised.

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Heard Sri Rajeev Kumar Srivastava, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S. has been filed by the applicant Rajan @ Uday Narayan Gaund, seeking enlargement on bail during trial in connection with Case Crime No. 288 of 2025, under Sections 64, 115(2), 351(2), 351(3) BNS, registered at Police Station Chauri Chaura, District Gorakhpur.

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The FIR of the matter was lodged on 29.05.2025 by the victim against the applicant alleging therein that she is a relationship with the applicant since last 10 years and physical relationship was established between them regularly. Whenever she used to ask the applicant for marrying her he used to state that he would give divorce to his first wife and then marry her. On 26.05.2025 at about 08:00 pm he assaulted her and stated that he would not give divorce to his wife and she has to live with him as his second wife. When she reminded that he has been exploiting her since last 10 years he got agitated and assaulted her a lot. Report be lodged and action be taken.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a married woman. It is submitted that the victim was produced before the doctor wherein the doctor did not find any injury either externally or internally on her person. It is submitted that the victim disclosed her age as 29 years in her statement under Section 183 BNSS. It is submitted that the relationship between the applicant and the victim was a consensual relationship since last 10 years without any objection, resentment or complaint whatsoever. It is further submitted that the allegation that the

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applicant assaulted the victim is totally false as no injury was found on her person. It is submitted that the applicant has no criminal history as stated in para 17 of the affidavit and is in jail since 31.05.2025.

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Per contra, learned counsel for the State opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major married woman. She was in relationship with the applicant since last 10 years. Although there is an allegation of the applicant assaulting the victim on 26.05.2025 but the doctor did not find any injury on her person or even on her private part.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant Rajan @ Uday Narayan Gaund , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails 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 209 BNS, 2023.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. 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

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default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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