Teerath Lal Vs State of U.P.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that in the F.I.R. the allegation has been made for enticement of informant's daughter against two accused including the applicant. In her statements recorded under Section 161 & 164 Cr.P.C. though the victim has made allegation of her enticement and commission of rape but he has also stated that she has solemnized marriage with the applicant. Learned counsel for the applicant further submits that in the medical examination of the victim no internal or external injury was found on her person, no spermatozoa was seen on her vaginal smears and doctor has opined that no definite opinion regarding rape can be given, but possiblity of rape cannot be denied. The age of the victim was found to be about 19 years. Learned counsel for the applicant further submits that as per the statements of the victim recorded under Section 161 & 164 Cr.P.C. she had solemnized marriage with the applicant, thus, it appears that victim was a consenting party. It has also been pointed out that father of the victim has been declared hostile at the trial. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 04.08.2023, having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be

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BAIL No. 34807 of 2025

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adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant-Teerath Lal, be enlarged on bail in Case Crime No. 136 of 2024, under Sections 366, 376-D I.P.C., Police Station- Kokhraj, District- Kaushambi, on executing a personal bond and furnishing two local 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 not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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(Dr. Gautam Chowdhary,J.)

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October 9, 2025

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Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Teerath Lal v. State of U.P.

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Teerath Lal v. State of U.P.

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