Sachendra @ Sachendra Singh vs State Of U.P.
- Neutral2026:AHC:105770
Ratio decidendi
The rule this decision rests on
An applicant accused under Section 69 of BNS may be released on bail during trial where the victim is a consenting adult, a civil petition between the parties was already pending before the Family Court prior to the FIR, and there is no evidence that intimate photographs or videos have been circulated on social media platforms. The appending of photographs of a victim to an affidavit filed in court proceedings violates the principles of privacy and dignity of the victim and constitutes conduct that warrants judicial censure and imposition of costs.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2. Heard Sri Raghuvansh Misra, learned counsel for the applicant and Sri Gajendra Singh Chauhan, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 675 of 2025, under Section 69 of BNS, Police Station - Kotwali Orai, District - Jalaun, during the pendency of trial.
4. As per the prosecution story, the applicant is alleged to have fondled and forced himself upon the victim before abducting her in a car. The victim and her brother objected, several passersby gathered, and the applicant reportedly left after hurling abuses, on 12.11.2025 at about 7:00 PM.
5. Learned counsel for the applicant submits that the FIR allegations are vague, limited to attempted abduction. In her statement recorded u/s 183 BNSS, the victim has escalated these to rape and a breached promise of marriage which is an afterthought post-legal consultation. In truth, a consensual relationship existed, evidenced by WhatsApp chats filed as Annexure-17 to the bail application affidavit.
6. Learned counsel further contends that the applicant filed Misc. Petition No. 165 of 2025 for annulment of the illegal marriage u/s 12 of the Hindu Marriage Act before the Principal Judge, Family Court, Jalaun, on 16.09.2025. The instant FIR, lodged on 21.11.2025, is a counterblast thereto, after nearly two months. Even prior to the FIR, a compromise was filed at the Family Consultation Centre in the S.P. Orai, Jalaun office, where the victim admitted a love marriage with the applicant and settlement. Her statement there on 09.11.2025 confirms their long-standing relationship.
7. Learned counsel also submits that the victim's brother provided a pen drive to the Investigating Officer, containing photos & videos that further prove consent which were shared only between the applicant and victim. The victim is 22 years old. The applicant is in jail since 12.11.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.
8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant has misused his influence and has failed to give any legal sanctity to the alleged marriage between him and the victim. It is further submitted that the applicant is not entitled to bail, as he was found to be in possession of indecent photographs and videos of the victim in his mobile phone.
9. Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties, and the further fact that the victim appears to be a consenting party and is 22 years of age, and that a petition was already pending before the Principal Judge, Family Court, Jalaun prior to the institution of the FIR, and that the photographs and videos of the applicant and the victim have not been circulated on any social media platform, this Court prima facie finds it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Sachendra @ Sachendra Singh, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
11. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.
12. This Court has observed that photographs of the victim have been annexed with the affidavit filed along with the bail application. The act of the deponent in appending such photographs is deprecated, as it is contrary to the principles of privacy and dignity of the victim. Accordingly, a cost of Rs.5,000/- is imposed upon the deponent, to be deposited in the account of the High Court Legal Services Authority within one week from today.
13. Learned counsel for the applicant prays, and is permitted, to redact the alleged photographs appended to the affidavit filed along with the bail application.
14. List this application on 19.05.2026 in the daily cause list, among top twenty cases, only for the purpose of ensuring compliance of this order.
(Krishan Pahal,J.)
May 7, 2026
Siddhant
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