Neutral Citation No. - 2025:AHC:74629 Court No. - 36 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7312 of 2024 Applicant :- Ashish Sachan @ Reshu Opposite Party :- State of U.P. Counsel for Applicant :- Bijay Singh Sachan Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Supplementary affidavit has been filed today, is taken on record. 2. Heard Mr. V.P. Srivastava, learned Senior Counsel assisted by Mr. Bijay Singh Sachan, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record. 3. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.52 of 2023, under Sections 376, 506 IPC and 67 I.T. Act, Police Station Baraur, District Kanpur Dehat. 4. Vide order dated 11.11.2024 the applicant was granted interim bail with the condition that applicant shall solemnize marriage with the victim but despite best efforts by the applicant the marriage could not take place as the victim has refused to solemnize marriage with the applicant, therefore, the applicant has surrendered before the court below in compliance of order dated 08.04.2025 passed by this Court. 5. Contention raised by learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case. The applicant has never committed any offence as alleged in the impugned FIR. Applicant and the victim are major. The applicant is brother-in-law (dewar) of elder sister of informant, due to this reason, the applicant always came to the house of first informant and when the relations got sour the present false and trumped up FIR has been lodged infact the victim is a consenting party, therefore, no offence under Section 376 IPC is made out against the applicant. So far as section 67 I.T. Act is concerned, during investigation, the sister of the victim has provided video in a pen drive but the same has not been sent for forensic laboratory in compliance of Section 65-B of Evidence Act, hence, offence under Section 67 I.T. is also not made out. 6. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has 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. Lastly, it is argued that the applicant is languishing in jail since 14.11.2023 having no previous criminal history. 7. Per contra, learned A.G.A. has vehemently opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant. 8. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, but without expressing any opinion on merits, this Court finds it to be a fit case for bail. 9. Let the applicant-Ashish Sachan @ Reshu, involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions : (i) 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. (ii) 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. (iii) 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. (iv) 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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. 12. With the above observation/direction, the instant bail application is allowed. Order Date :- 8.5.2025 Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad