Neutral Citation No. - 2025:AHC:25624 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42754 of 2024 Applicant :- Gaurav Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Tiwari,Ray Sahab Yadav Counsel for Opposite Party :- G.A.,Indradeo Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ray Sahab Yadav, learned counsel for the applicant, Sri Awadhesh Tiwari, Advocate holding brief of Sri Indradeo, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 400 of 2024, under Sections 376 I.P.C., Police Station Sarnath, District Varanasi during the pendency of trial. 4. As per the prosecution story, the applicant is stated to have established corporeal relationship with the victim and had even solemnized illegal marriage with her despite knowing the fact that he was already married elsewhere. Out of the said corporeal relationship, a baby girl is said to have been born and the applicant is stated to have refused to acknowledge the said marriage and even the baby born out of the corporeal relationship, as such, the instant F.I.R. was lodged. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. F.I.R. is delayed by about six years and there is no explanation of the said delay caused. It is admitted by the learned counsel for the applicant that applicant had married the victim, although, he has also admitted the fact he was already married to other person, but, it is a clear cut case of live in relationship which continued for about six years and it is true that after that said corporeal relationship a baby girl has been born. The applicant is ready to take care of the baby girl born out of the said corporeal relationship by depositing an amount of Rs. 5,00,000/- (Five Lakhs) in her account in the guardianship of her mother. 6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 11.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application but could not dispute the aforesaid facts. 8. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the applicant admits to deposit an amount of Rs. 5,00,000/- (Five Lakhs) in the name of baby girl born out of the said corporeal relationship in the guardianship of her mother, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Gaurav Upadhyay, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall deposit a sum of Rs.5 lakhs in the name of the baby girl born out of the said corporeal relationship under the guardianship of her mother/victim within three months from the date of his release from jail. (ii) The applicant shall not tamper with evidence. (iii) 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 313 Cr.P.C./351 B.N.S.S. 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 Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 20.2.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad