Saurabh Savita v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44673 of 2023 Applicant :- Saurabh Savita Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Shukla,Varun Ojha Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 220 of 2023 at Police Station-Maharajpur, District-Kanpur Nagar under Sections 328, 376, 323, 504, 506 I.P.C. The applicant is in jail since 28.07.2023. The bail application of the applicant was rejected by the learned trial court on 20.09.2023. The following arguments made by Shri Varun Ojha, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA for the State from the record, entitle the applicant for grant of bail:

(1). Delay in lodgment of the FIR in the facts of this case is fatal to the prosecution case.

(2). The applicant and the victim were intimate and had consensual physical relations.

(3). The FIR is a result of the said relationship going awry.

(4). The applicant never gave a plighted word to marry the victim.

(5). The FIR is being leveraged to extort money from the applicant and force him to marry the victim.

(6). The victim in her statement before the doctor in the medico legal examination has not made any allegation of commission of rape.

(7). Medical evidence to corroborate commission of rape by the applicant with the victim has not been produced by the prosecution.

(8). The applicant does not have any criminal history apart from this case.

(9). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Saurabh Savita 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 below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 7.11.2023 Vandit High Court of Judicature at Allahabad