VIKAS YADAV vs THE STATE OF UTTAR PRADESH - 2024-02-05

O R D E R

1. Leave granted.

2. The appeal stems out of the impugned order dated 23.01.2023 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No.18657 of 2022, whereby the High Court has dismissed the application of the appellant seeking bail in connection with Crime No.29 of 2022 registered for the offences under Sections 376, 354, 323, 506, 427 IPC and Section 67 of the Information Technology (Amendment) Act, at the Police Station Jhangaha, District Gorakhpur.

3. On 10.01.2024, this Court had passed the following order: -

“1. It is stated by the learned counsel appearing for the State of U.P. that the evidence of Respondent No.2 – victim, was recorded partially and now the next date before the Trial Court is reportedly fixed on 18-1-2024.

2. In view of the above, list the present matter on 29-1-2024.

3. Learned counsel for the petitioner states that Respondent No.2 – wife was not remaining present for her cross-examination and NBW was also issued by the Trial Court against her.

4. Under the circumstances, it is expected that the Trial Court shall complete the recording of evidence of Respondent No.2 as early as possible. It is also directed that Respondent No.2 shall remain present and cooperate with the trial.

5. If Respondent No.2 fails to do so, the matter shall be further considered by this Court in accordance with law on the next date.

6. The Registry is directed to mask the name of Respondent No.2 in the cause title immediately.”

4. Today, the learned Standing Counsel appearing for the respondent No.1 – State submits that the victim could not be examined as there was a strike of Advocates on the date fixed by the Trial Court for her examination.

5. The said submission has been refuted by the learned counsel appearing for the appellant by submitting that earlier the victim had not remained present on number of dates fixed by the Court and the NBWs were required to be issued against her. He further submitted that there was a love affair between the victim and the appellant and the appellant is in custody since January, 2022. There is no progress in the matter, only because the victim does not turn up for her examination.

6. Having regard to the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, we are inclined to accept the present appeal.

7. It is directed that the appellant shall be released on bail in connection with the Crime No.29 of 2022 registered at the Police Station Jhangaha, District Gorakhpur on the terms and conditions that may be imposed by the Trial Court.

8. It is needless to say that the appellant shall cooperate with the Trial Court to conclude the trial at the earliest.

9. The Criminal Appeal is allowed accordingly.

10. Pending application(s), if any, shall stand disposed of.

......................J.

(BELA M. TRIVEDI)

......................J.

(PANKAJ MITHAL)

NEW DELHI;

05TH FEBRUARY, 2024.

ITEM NO.1 COURT NO.15 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).13560/2023

(Arising out of impugned final judgment and order dated 23-01-2023 in CRMBA No.18657/2022 passed by the High Court of Judicature at Allahabad)

VIKAS YADAV Petitioner(s)

VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s)

(IA No.184969/2023 - APPLICATION FOR PERMISSION, IA No.154589/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.154590/2023 - EXEMPTION FROM FILING O.T. AND IA No.184966/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 05-02-2024 This matter was called on for hearing today.

CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Rajul Bhargava, Sr. Adv.

Mr. Kartikeya Bhargava, AOR Mr. Jasir Aftab, Adv.

For Respondent(s) Mr. Anuvrat Sharma, AOR Ms. Alka Sinha, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. In terms of the signed order, the Criminal Appeal is allowed.

3. Pending application(s), if any, shall stand disposed of.

(RAVI ARORA) (MAMTA RAWAT)

COURT MASTER (SH) COURT MASTER (NSH)

(signed order is placed on the file)