Saurabh Vs State of U.P.

Neutral Citation No. - 2025:AHC:50990

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5718 of 2025

Applicant :- Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Jitendra Singh, learned counsel for the applicant and Sri Devendra Nath Mishra, learned counsel for the State and perused the material on records.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant - Saurabh seeking enlargement on bail during trial in connection with Case Crime No. 07 of 2025, under Sections 352, 332(C), 351(3), 64 BNS, Police Station Chhajlet, District Moradabad.

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The first information report of the present matter was lodged on 02.01.2025 by the victim against the applicant and one other accused alleging therein that on 28.08.2024 she was alone in the house wherein at about 10:00 a.m., the applicant came there, finding her alone, outraged her modesty and committed rape on her and take her objectionable photographs. He then ran away extending threats.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim - first informant is married major lady. It is submitted that during investigation no such objectionable photographs have been recovered by the police. It is further submitted that there was a dispute between the applicant and the husband of the victim with regards to money, paragraph 13 of the affidavit has been placed before this Court. It is further submitted that the present first information report has been lodged after an inordinate delay of about four months and five days of the incident. It is further submitted that the applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 07.01.2025.

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

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After having heard learned counsel for the parties and perusing the record, it is evident that the victim is major and married lady. The first information report has been delayed about four months and five days and there is no plausible explanation about it.

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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- Saurabh , 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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

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trial court to treat such 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 B.N.S., 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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The bail application is allowed .

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Pending application (s), if any, shall stand disposed of.

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(Samit Gopal,J.)

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Order Date :- 8.4.2025 Manoj

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Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad

Saurabh v. State of U.P.

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