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2025 DAILYLAW 194024 (ALL)

RAJENDRA v. STATE OF U.P. AND 3 OTHERS

BAIL/36141/2025 · 2025-10-15

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36141 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Shri Tanmay Gupta, Advocate has filed his vakalatnma on behalf of informant which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that applicant is named in the F.I.R. with the allegation that he enticed away the informant's daughter aged about 17 years. When the victim was recovered her statements under Section 180 and 183 B.N.S.S. was recorded wherein she has specifically stated that on the alleged date she left her house on her own wishes and went to Gurgaon, where she solemnized marriage in a temple with the applicant and lived there with him as husband and wife. Thus, there is no allegation of rape against the applicant and she is a consenting party. As per victim her age is about 17 years, thus, taking benefit of two years either side the victim is major. Learned counsel further submits that now victim wants to live with her husband, i.e., applicant and family of applicant are also ready to accept the victim as her daughter-in-law. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 23.06.2025, having no criminal history. 4. Learned counsel for the informant submits that the informant has also Versus Counsel for Applicant(s) : Vijay Bahadur Shivhare Counsel for Opposite Party(s) : G.A. Rajendra .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) no objection with this marriage and he is ready to accept this marriage. 5. Per contra, learned A.G.A. has no objection. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant-Rajendra, be enlarged on bail in Case Crime No. 67 of 2025, under Sections 137(2), 87, 64(1) of B.N.S. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station- Kurara, District- Hamirpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 16, 2025 Mustaqeem. BAIL No. 36141 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad