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2025 DAILYLAW 155790 (ALL)

MOHD. SAGEER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/7223/2025 · 2025-08-07

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45987 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7223 of 2025 Applicant :- Mohd. Sageer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ravi Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.185 of 2025 under Section 69, 352, 351(3) BNS, Police Station Raniganj, District Pratapgarh. In the prosecution case, it is alleged that on the pretext of marriage, the applicant raped her and thereafter, by hurling abuses, refused to marry her. Learned counsel for the applicant submits that the victim is a major, 30 years of age, married, and the mother of one girl. In her statement under Section 183 of the BNSS, it has again been admitted that both have known each other for the last 10 years. It is further submitted that improvements have been made by the victim, and the physical relationship between them has been admitted to exist for a long time. The applicant has no criminal history. The victim has refused to undergo medical examination. The applicant has been in jail since 24.06.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 24.06.2025, has no criminal antecedents, the charge-sheet has been filed in the matter, and there is delay in lodging the First Information Report, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Mohd. Sageer be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) 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 of the IPC (now Section 269 BNS). (vi) 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. (now Section 84 BNSS)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 IPC (now Section 209 BNS). Order Date :- 7.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench