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

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10136 of 2023 Applicant :- Saurabh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vijay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Vinay Kumar Verma, learned counsel for the applicant, Ms. Tanvi Jain, learned AGA for the State and perused the record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0050 of 2023, under Sections 376, 506 I.P.C. Police Station Sherpur, District Lucknow.

¶3It has been submitted by learned counsel for the applicant that FIR has been lodged by the prosecutrix and statement has been recorded under Section 164 Cr.P.C. in which she has deposed that applicant was known to her for the last one year and there was conversation on phone. He called her on Bhaisa mau crossing and thereafter he had taken her to hotel and established physical relation against her will. She deposed that her obscene photographs were taken by him. She was unable to deposed before the court whether she would marry him in case she would withdraw the case against him.

¶4Learned counsel has submitted that after looking to the statement under Section 164 Cr.P.C. and version of FIR, it is clear that it is a case of consent because she is major, aged about 21 years and on call of applicant, she had gone to hotel. Learned counsel submitted that prosecutrix had refused for medical examination The applicant having no criminal history is languishing in jail since 05.06.2023.

¶5Learned AGA opposed the prayer for bail and submitted that applicant has committed the offence and he does not deserve any mercy, as such he is not entitled to be released on bail.

¶6Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and considering the argument that the prosecutrix is major and consenting party, argument that prosecutrix has refused for medical examination; argument that she has admitted in 164 Cr.P.C. that she had gone along with applicant on her will, therefore, I find it to be a fit case for bail.

¶7Let the applicant Saurabh Yadav, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) 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.

(ii) 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 sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case,

(ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶8It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 11.12.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench