Saurabh Gupta Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:20926

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3132 of 2025

Applicant :- Saurabh Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Amit Kumar, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate for the State, and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.080 of 2025, under Sections 69 and 351(2) B.N.S., registered at Police Station Madiyaon, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.02.2025 against the applicant and his two brothers, stating that the informant, who is a student of LL.B. and aged 20 years, is related to the applicant. The informant was in a relationship with the applicant for the past two years during which he exploited her mentally and physically. Although the applicant had initially agreed to marry her, ultimately he declined to marry her.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years having no criminal history and he has been falsely implicated in the present case. It has further been stated that subsequent to lodging of the FIR and the applicant having been taken into custody, a settlement has been entered into between the

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applicant's father, his brothers and the informant wherein the applicant's family members have agreed for the applicant's marriage with the informant after he is released on bail.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the statement of the informant recorded under Section 180 B.N.S.S., wherein she reiterated her earlier version. As per educational documents, date of birth of the informant is 05.09.2004. The Medico-legal examination report of the informant mentions no mark of injury or sign of use of force. The vaginal smear slides report mentions no spermatozoa that live or dead and that no bonaparte.

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In the statement of the informant recorded under Section 183 B.N.S.S., she reiterated her earlier version.

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The learned Additional Government Advocate has opposed the bail application and on the basis of instructions she has submitted that the allegations have been established during investigation and a charge-sheet has been forwarded on 09.03.2025.

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8 Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is major, she is a student of law and she admits to be in a relationship with the applicant for the past two years; the FIR was lodged when the marriage could not materialize; in para-14 of the affidavit it has been stated that the applicant is willing to marry the informant and a copy of the settlement entered into between the applicant's father and brothers and informant regarding marriage of the applicant with the informant has been annexed with the affidavit coupled with the fact that the applicant is a young man having no criminal history, he is

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languishing in jail since 02.02.2025, whereas the investigation already stands concluded, I am of the view that a case for enlargement of the applicant on bail is made out.

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Accordingly, this bail application stands allowed .

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Let the applicant- Saurabh Gupta be released on bail in the aforesaid 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:-

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

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(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 15.4.2025 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Saurabh Gupta v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Saurabh Gupta v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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