Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 145573 (ALL)

RAMENDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P.

BAIL/5182/2025 · 2025-06-11

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:35456 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5182 of 2025 Applicant :- Ramendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. Counsel for Applicant :- Anurag Singh,Ishan Bhasin Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.16 of 2025, under Sections 69, 308(2) BNS, Police Station Manpur, District Sitapur. 3. Learned counsel for the applicant submitted that the family members of the victim had insisted for marriage but the applicant and other family members had denied the marriage and on the basis of incorrect facts the FIR in question was lodged. As per prosecution case the incident of sexual offence was committed on 25.08.2024 but the FIR was lodged on 12.02.2025. Learned counsel for the applicant has submitted that delay in lodging of the FIR has not been explained and the charge sheet has already been filed. He further submitted that there is no possibility of tampering of any evidence. The applicant is ready to co-operate in the investigation. He lastly submits that the applicant is in jail since 21.03.2025 and has no criminal history, therefore the applicant be enlarged on bail. 4. Learned A.G.A. vehemently opposed the prayer of the applicant for bail but he does not dispute the fact that delay in lodging of FIR after almost six months has not been explained and the witness has also stated that the applicant had denied for solemnization of marriage, therefore, FIR was lodged. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, and the fact that delay in lodging of FIR has not been explained as well as charge sheet has also been filed, therefore, I find it as a fit case for bail of the applicant and I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Ramendra be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the Court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 under Section 229-A IPC. (v) 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., may be issued and if 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 IPC. (vi) 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. 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Rajeev Singh, J.) Order Date :- 11.6.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench