SACHIN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF U.P. LKO
BAIL/12299/2024 · 2025-02-20
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168955 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11178 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12299 of 2024 Applicant :- Sachin Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of U.P. Lko Counsel for Applicant :- Srees Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard. This Court has passed the order dated 12.12.2024, which reads as under:-
"1. Heard. 2. This Court had passed order dated 26.11.2024, which reads as under:-
1. Heard learned counsel for the applicant and Sri Vivek Gupta, learned AGA for the State. 2. The present applicant is in jail since 13.10.2024 in Case Crime no. 600 of 2024 u/s 115(2), 352, 351(3), 64(1) B.N.S., P.S. Kotwali, District Unnao. 3. Learned counsel for the applicant has stated that as per allegation of the impugned F.I.R. on the pretext of the false promise of marriage the applicant has established physical relation with the prosecutrix but the actual facts are different inasmuch as the present applicant has got married with the prosecutrix as a duly notarized marriage agreement has been enclosed as Annexure no. 5. 4. So as to verify the aforesaid fact the appearance of the prosecutrix would be required. 5. List on 12.12.2024. On that date the S.H.O., P.S. Kotwali, District unnao shall ensure the presence of the prosecutrix. 6. Learned AGA shall communicate this order to S.H.O. concerned for its compliance."
3. In compliance of the aforesaid order, the prosecutrix 'X' is present in person. Sub-Inspector Shri Brijesh Kumar Yadav and Female Constable Mrs. Simran Singh from police station Kotwali Sadar, District Unnao have ensured the presence of the prosecutrix. 4. The prosecutrix stated that though she had affairs with the applicant
and she is willing to get married to him, but till date their marriage has not been solemnized. She has stated that they have entered into one agreement of marriage. 5. Learned counsel for the applicant states that if the applicant is released on bail, he will marry the prosecutrix and shall look after her properly. 6. Learned AGA has submitted that charge sheet has been filed against the applicant, therefore, any appropriate order protecting the interest of the prosecutrix may be passed. 7.
Having heard learned counsel for parties, having perused the material on record, statement of the prosecutrix and without entering into merits of the issue, I find it appropriate that the present applicant Sachin be enlarged on interim bail till 20.02.2025 in Case Crime No. 600 of 2024, under sections 115(2), 352, 351(3), 64(1) of the B.N.S.S., Police Station Kotwali, District Unnao with the following conditions:- (i) The present applicant shall furnish a personal bond of Rs.20,000/- and two sureties of such amount before the trial Court concerned. (ii) After the present applicant completes the aforesaid formalities, he shall be released from jail on interim bail. (iii) Immediately after release from jail the applicant shall get married with the prosecutrix within a period of one month from the date of release. (iv) Thereafter both the applicant and prosecutrix shall get their marriage registered before the Registrar of Marriage within further period of 15 days. Both shall apply for registration of their marriage before the Registrar of Marriage and if all necessary formalities are completed by them, the Registrar of Marriage shall register the marriage at the earliest. (v) Such marriage certificate shall be produced by the applicant and prosecutrix before the Court on the next date fixed, i.e. 20.02.2025. (vi) For the period of interim bail, the applicant shall not leave the country and shall participate in the trial proceedings as and when the date is fixed before the Court concerned. (vii) It is clarified that if the present applicant after release on interim bail violates any of the aforesaid conditions, the prosecutrix or her family members or the State may lodge complaint or file appropriate application against the applicant, and in that case the interim bail of the present applicant may be treated as cancelled and he may be taken into judicial custody by the authorities concerned. 8.
List on 20.02.2025, on which date the applicant and prosecutrix shall appear in person along with their marriage certificate and its photocopies, so that the photocopies may be taken on record. " It has been informed at the bar that the aforesaid order could not be complied with by the applicant.
Learned counsel for the applicant has requested that he may be
permitted to not press this bail application. Accordingly, this bail application is dismissed being not pressed. Interim bail order is here by rejected.
Order Date :- 20.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench