High Court

1. It is evident from the record that counter affidavit filed by learned A.G.A. is on record and notice on the complainant has been served on 02.12.2024 by Mohd. Sarfraz Khan, Sub Inspector, Police Station- Karnailganj, District- Gonda, but none appears today on behalf of the complainant. Therefore, this appeal is being decided with the assistance of learned counsel for the appellant and learned A.G.A. for the State.

2. Heard learned counsel for the appellant and learned A.G.A. for the State.

3. The instant appeal has been filed by the appellant seeking following reliefs:- "To set aside the order dated 19.09.2024 passed by Additional Sessions Judge/Special Judge SC/ST Act, Gonda in Bail Application No. 1881 of 2024 arising out of Case Crime No. 342 of 2024, u/s 376, 328, 506, 509 I.P.C. and 3(2)(va), 3(2)(v) of SC/ST Act, Police Station- Karnailganj, District- Gonda."

4. Learned counsel for the appellant submits that at the time of the incident, the appellant was aged about 17 years and the victim of the present case was aged about 29 years. He further submits that it is admitted case of the victim that she came in friendship with the appellant through social media- Instagram in the year 2021, thereafter, she started meeting him. It is further alleged that once she was invited in a hotel and some food articles were provided to her. After consuming the food articles, she got unconscious and then she was raped. She was in unconscious condition from 10:00 am to 5:00 pm. When she regain her sense, she asked from the appellant that whether something happened to her or not, but he told her that he did not commit any wrong with her. Some videography of the said incident was also made by the appellant, after which, she was being blackmailed by the appellant by showing the said video to her. In this connection, the appellant took Rs. 90,000/- in cash and some article amounting Rs. 50,000/- from the victim. . It is further submitted that the victim is a married lady and as alleged, as the said video was aired on social media, the F.I.R. in question was lodged, but it is a case of honey trap and no alleged video was recovered by the Investigating Officer. All these facts were not considered by learned trial Court while deciding the bail application of the appellant. It is lastly submitted that charge-sheet has already been submitted by the Investigating Officer. As the appellant, who does not have any criminal antecedents, is in jail since 15.08.2024 and there is no possibility of conclusion of the appeal in near future, the impugned order is liable to be set aside and the appellant is entitled for bail.

5. Learned A.G.A. vehemently opposes the prayer of the appellant. He submits that after detailed investigation, the charge-sheet was submitted by the Investigating Officer. However, he does not dispute the fact that date and time of the incident is not mentioned in the statement of the victim and no alleged video was found during the course of investigation.

6. Considering the submissions of learned counsel for the parties and going through the contents of the impugned order, F.I.R., statement of the victim as well as other relevant documents, it is evident that no alleged video was found by the Investigating Officer during the course of investigation. It is also evident from the record that date and time of the incident is also not found. As all these facts were not considered by the trial Court, the impugned order is liable to be set aside and the appellant is entitled for bail.

7. Resultantly, in view of the above facts and circumstances of the case as well as keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly allowed. The order dated 19.09.2024 passed by Additional Sessions Judge/Special Judge SC/ST Act, Gonda in Bail Application No. 1881 of 2024 is hereby set aside.

8. Let the appellant- Ramesh Yadav involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:- (i) The appellant shall file an undertaking to the effect that he will not seek any adjournment on the dates 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 appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the appellant 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 of the Indian Penal Code. (iv) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant 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.

9. Office is directed to communicate this order to the trial court, forthwith. Order Date :- 6.3.2025 Arpan

1. It is evident from the record that counter affidavit filed by learned A.G.A. is on record and notice on the complainant has been served on 02.12.2024 by Mohd. Sarfraz Khan, Sub Inspector, Police Station- Karnailganj, District- Gonda, but none appears today on behalf of the complainant. Therefore, this appeal is being decided with the assistance of learned counsel for the appellant and learned A.G.A. for the State.

2. Heard learned counsel for the appellant and learned A.G.A. for the State.

3. The instant appeal has been filed by the appellant seeking following reliefs:- "To set aside the order dated 19.09.2024 passed by Additional Sessions Judge/Special Judge SC/ST Act, Gonda in Bail Application No. 1881 of 2024 arising out of Case Crime No. 342 of 2024, u/s 376, 328, 506, 509 I.P.C. and 3(2)(va), 3(2)(v) of SC/ST Act, Police Station- Karnailganj, District- Gonda."

4. Learned counsel for the appellant submits that at the time of the incident, the appellant was aged about 17 years and the victim of the present case was aged about 29 years. He further submits that it is admitted case of the victim that she came in friendship with the appellant through social media- Instagram in the year 2021, thereafter, she started meeting him. It is further alleged that once she was invited in a hotel and some food articles were provided to her. After consuming the food articles, she got unconscious and then she was raped. She was in unconscious condition from 10:00 am to 5:00 pm. When she regain her sense, she asked from the appellant that whether something happened to her or not, but he told her that he did not commit any wrong with her. Some videography of the said incident was also made by the appellant, after which, she was being blackmailed by the appellant by showing the said video to her. In this connection, the appellant took Rs. 90,000/- in cash and some article amounting Rs. 50,000/- from the victim. . It is further submitted that the victim is a married lady and as alleged, as the said video was aired on social media, the F.I.R. in question was lodged, but it is a case of honey trap and no alleged video was recovered by the Investigating Officer. All these facts were not considered by learned trial Court while deciding the bail application of the appellant. It is lastly submitted that charge-sheet has already been submitted by the Investigating Officer. As the appellant, who does not have any criminal antecedents, is in jail since 15.08.2024 and there is no possibility of conclusion of the appeal in near future, the impugned order is liable to be set aside and the appellant is entitled for bail.

5. Learned A.G.A. vehemently opposes the prayer of the appellant. He submits that after detailed investigation, the charge-sheet was submitted by the Investigating Officer. However, he does not dispute the fact that date and time of the incident is not mentioned in the statement of the victim and no alleged video was found during the course of investigation.

6. Considering the submissions of learned counsel for the parties and going through the contents of the impugned order, F.I.R., statement of the victim as well as other relevant documents, it is evident that no alleged video was found by the Investigating Officer during the course of investigation. It is also evident from the record that date and time of the incident is also not found. As all these facts were not considered by the trial Court, the impugned order is liable to be set aside and the appellant is entitled for bail.

7. Resultantly, in view of the above facts and circumstances of the case as well as keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly allowed. The order dated 19.09.2024 passed by Additional Sessions Judge/Special Judge SC/ST Act, Gonda in Bail Application No. 1881 of 2024 is hereby set aside.

8. Let the appellant- Ramesh Yadav involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:- (i) The appellant shall file an undertaking to the effect that he will not seek any adjournment on the dates 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 appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the appellant 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 of the Indian Penal Code. (iv) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant 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.

9. Office is directed to communicate this order to the trial court, forthwith. Order Date :- 6.3.2025 Arpan