Abhinav Pandey Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 8601 of 2025

Abhinav Pandey

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Counsel for Applicant(s) : Ram Milan Yadav, Om Prakash Yadav Counsel for Opposite Party(s) : G.A.

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Court No. - 12

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HON'BLE KARUNESH SINGH PAWAR, J.

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Heard learned counsel for the applicant, learned AGA for the State and Shri Sudhir Kumar Rai, Advocate who has filed vakalatnama on behalf of the complainant, which is taken on record.

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In the prosecution case, it is alleged that for the last five years on the pretext of marriage, the accused-applicant has made physical relationship with the victim several times. On 1.6.2025, the applicant took the victim came from Noida to Faizabad for marriage. On 5.6.2025, he took the victim to his home at Parsauli and at 05.00 pm, he again made physical relationship with her on the pretext of marriage and ultimately, on 16.6.2025, he leaving her behind ran away.

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Learned counsel for the applicant submits that the applicant is innocent. Earlier also, an FIR under Sections 376, 504, 506 IPC was registered by the victim against the present applicant, which was registered as FIR No. 643 of 2023. The applicant has been enlarged on bail in that case. This is the second time, the FIR has been registered. Thus, the prosecution story is highly improbable. He submits that the statements of the victim recorded under Sections 180 and 183 BNSS do not inspire confidence. The victim has refused to undergo medico legal examination. She is major. Thus, it is a case of false implication.

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It is further submitted that the applicant is languishing in jail since 30.6.2025. Charge-sheet in the case has been filed. There is no possibility of

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BAIL No. 8601 of 2025

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2

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the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant and submitted that the offence is heinous in nature.

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On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS so also the fact that the victim has refused to undergo medico legal examination; the applicant has duly explained the criminal history; he is languishing in jail since 30.6.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant- Abhinav Pandey involved in Case Crime No. 309 of 2025, under Section 69 of B.N.S., Police Station- Inayat Nagar, DistrictAyodhya, be released on bail on his 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 the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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BAIL No. 8601 of 2025

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3

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) 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. is issued and the 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 of B.N.S.

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(Karunesh Singh Pawar,J.)

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September 9, 2025

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Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Abhinav Pandey v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Abhinav Pandey v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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