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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34805 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Shri Akhilesh Chaubey, Advocate, has filed his vakalatnama on behalf of informant, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State as well as Shri Akhilesh Chaubey, learned counsel for the informant and perused the record. 3. The applicant is named in the F.I.R. There is allegation against the applicant for enticement and commission of rape upon the victim. 4. At the very outset learned counsel for the applicant submits that applicant and his family members are ready to solemnize marriage of the applicant with the victim and he will keep her as his legally wedded wife and as per instructions received by him the victim is also ready to solemnize marriage with the applicant, which fact has also been stated in para-16 and onwards of the affidavit filed in support of the bail application. It has also been informed that as her medical examination report the victim is aged about 20 years. 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 Versus Counsel for Applicant(s) : Rakesh Kumar, Sanjay Pathak Counsel for Opposite Party(s) : G.A. Satyam Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
fit to impose upon him. He next submits that applicant is languishing in jail since 06.08.2025, having no criminal history. 5. Shri Akhilesh Chaubey, learned counsel for the informant has also made a statement at the Bar that as per his instructions the victim is ready to solemnize marriage with the applicant and her family members have also no objection for this marriage. 6.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he has no objection on the statements given by the learned counsel for the applicant as well as by the learned counsel for the informant. 7. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, keeping in view the statements given by both the counsels that applicant and victim are ready to solemnize marriage with each other, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. The bail application is, accordingly, allowed. 8. Let applicant-Satyam Yadav, involved in Case Crime No. 214 of 2025, under Sections 137(2), 61(2), 65(1) of B.N.S. read with Section 4(2) of Protection of Children From Sexual Offences Act and Section 3(2)V of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Khadda, District Kushinagar, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (i) The applicant will solemnize marriage with the victim within two months from the date of his release from jail and shall keep her as his legally wedded wife and will perform his matrimonial obligations towards the victim. (ii) The applicant shall not tamper with the prosecution evidence. BAIL No. 34805 of 2025 2
(iii) The applicant shall not threaten or harass the prosecution witnesses. (iv) The applicant shall appear on the date fixed by the trial court. (v) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.
(vi) 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. 9. In case of default of any of the conditions enumerated above, the informant/ victim shall be at liberty to move application for cancellation of bail. October 9, 2025 Mustaqeem. BAIL No. 34805 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad