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2025 DAILYLAW 163362 (ALL)

SAURABH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. SECY. HOME LKO.

BAIL/8521/2025 · 2025-09-09

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8521 of 2025 Court No. - 12 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.211 of 2025 under Section 126(2), 352, 351(3), 333, 115(2), 641) BNS, Police Station Maholi, District Sitapur. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim in her statements recorded under Sections 180 and 183 BNSS, she herself has admitted the relationship was consensual with the applicant. In the medico-legal examination of the victim, no abnormality has been detected. The applicant has no previous criminal history. He has been in custody since 21.06.2025. Charge-sheet in this case has already been filed. Learned A.G.A. has opposed the prayer for bail but has not been able to dispute the facts stated above. I have considered the submissions advanced by learned counsel for the parties and have perused the record. On due consideration of the facts that the applicant has been in custody since 21.06.2025; the charge-sheet has been filed; the victim, in her statements under Sections 180 and 183 BNSS, has admitted that she is a major and that Versus Counsel for Applicant(s) : Sushil Pandey, Akhil Anand Counsel for Opposite Party(s) : G.A. Saurabh Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Secy. Home Lko. .....Opposite Party(s) her relationship with the applicant has been consensual for the last several years; no abnormality has been found in the medico-legal examination; and the applicant has no previous criminal history 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 Saurabh Mishra 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). BAIL No. 8521 of 2025 2 September 9, 2025 Madhu D.R/P.S BAIL No. 8521 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench