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Neutral Citation No. - 2025:AHC:108410-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14259 of 2025 Petitioner :- Raju Biyar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pratibha Jaiswal Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioner and learned AGA for the State-respondents. 2. The order dated 1.5.2025 which was passed in Criminal Misc. Bail Application No. 2068 of 2025 is being reproduced hereeunder:-
"1. List has been revised. 2. Heard Ms. Pratibha Jaiswal, learned counsel for the applicant, Sri Yogesh Kumar Singh, learned counsel for the informant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 88 of 2024, under Sections 376(3), 504, 506 IPC, 5(J)(ii)/6 POCSO Act and 3(2)(V) S.C./S.T. Act, Police Station- Jamalpur, District- Mirzapur, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant was in love with the victim and she has given birth to a baby boy out of the said corporeal relationship. The FIR itself is instituted after a delay of more than six months and there is no explanation of the said delay caused. It is further stated that the applicant is ready to marry the victim take care of her as his wedded wife and also of the offspring born to her, in case he is granted interim bail. 5. Learned counsel for the informant has fairly conceded the fact that he has no objection, if the applicant takes care of the son of the victim, in case the applicant is released on interim bail. 6. Since the applicant is ready to marry the victim, let the parties appear before the Registrar Marriage Registration, Mirzapur, within a period of three months. 7. Till the next date of listing, let the applicant- Raju Biyar involved in the aforesaid case crime be released on interim bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court
concerned subject to 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 will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing. 8. The certificate of marriage shall be filed on or before the next date. In the event the marriage does not take place then the applicant will surrender before the court concerned on or before 24.7.2024 and file the surrender certificate before this Court on the next date. The applicant need not surrender in the event the marriage is registered. 9. The order is passed with the consent of learned counsel for the applicant,
learned counsel for the informant and learned A.G.A.
10. List this case on 4.8.2025 in the daily cause list."
3. The petitioner desires compliance of the order dated 1.5.2025. If that is the case, the petitioner may move an application before appropriate court which had passed the earlier order.
4. The writ petition therefore cannot be entertained and, therefore is accordingly, dismissed.
Order Date :- 9.7.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad