High Court

1. Heard Sri Amar Singh, the learned counsel for the applicant, Sri Ashok Srivastava, the learned AGA for the State and perused the records.

2. On 19.12.2024 the applicant was granted interim anticipatory bail by this court by means of following order:-

1. Heard Sri Amar Singh, learned counsel for the applicant and Sri Shani Pratap Singh, learned AGA for the State.

2. Let notice be issued to the opposite party no.2 returnable at an early date.

3. Steps within a week. Office to proceed accordingly.

4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No. 276 of 2024, under Sections 64,74,115(2),351(2) B.N.S., Police Station - Purwa, District - Unnao.

5. Attention has been drawn by the learned counsel for the applicant towards the incident which took place on 7.10.2024 but the F.I.R. has been lodged on 11.10.2024 without explaining the reason of delay. The F.I.R. was lodged u/s 74, 115(2) 351(2) of B.N.S. not u/s relating to rape. While recording her statement u/s 180 B.N.S.S. the prosecutrix did not level any allegation of rape, however, while recording her statement u/s 183 B.N.S.S. she levelled the allegation of rape saying that once the present applicant established physical relation with her. Admittedly, no complaint / F.I.R. of such physical relation has been lodged, meaning thereby such relation were consensual in nature, if any. Learned counsel has stated that even if the prosecution story is considered on its face value, at least the offence relating to rape does not make out.

6. Learned counsel has stated that the prosecutrix denied for medical examination, therefore, the factum of rape may not be established. One medical examination was conducted on 4.10.2024 (Annexure no. 7) which shows that no fresh external injury in the whole body of the prosecutrix was found. The present applicant has explained his earlier criminal history in para 24 of the bail application which are the minor offences wherein the notice u/s 41A Cr.P.C. has been served to the applicant and no summon or warrant has been issued against him. The present applicant is having his permanent address, therefore, there is no flight risk.

7. The present applicant is having no prior criminal history of any kind whatsoever. He undertakes that he shall cooperate in the investigation, therefore, his liberty may be protected till completion of the investigation and filing of the police report in view of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98.

8. Per contra, learned AGA has opposed the aforesaid prayer of the learned counsel for the applicant but could not dispute the submissions so made by the learned counsel for the applicant.

9. Without entering into merits of the issue; considering the arguments of the learned counsel for the parties; other material available on record; the fact that while recording her statement u/s 180 B.N.S.S. the prosecutrix did not level any allegation of rape, however, while recording her statement u/s 183 B.N.S.S. she levelled the allegation of rape saying that once the present applicant established physical relation with her but no complaint / F.I.R. of such physical relation has been lodged, meaning thereby such relation were consensual in nature, if any, if the prosecution story is considered on its face value, at least the offence relating to rape does not make out, prosecutrix denied for medical examination, therefore, the factum of rape could not be established, in the medical examination conducted on 4.10.2024 which shows that no fresh external injury in the whole body of the prosecutrix was found, applicant has explained his earlier criminal history in para 24 of the bail application which are the minor offences wherein the notice u/s 41A Cr.P.C. has been served to the applicant and no summon or warrant has been issued against him, the present applicant is having his permanent address, there is no flight risk and the undertaking of the applicant that he shall cooperate in the trial proceedings, I find it appropriate that liberty of the present applicant may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra).

10. Let counter affidavit be filed within a period of four weeks.

11. List in the week commencing 27.01.2025 within top ten cases.

12. Till the next date of listing or filing of the police report whichever is earlier, it is directed that in the event of arrest, applicant- Awadhesh Rawat @ Awadhesh shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. The applicant shall appear before the S.H.O. concerned on 23.12.2024 at 11.00 A.M. sharp to cooperate in the investigation and shall provide all information / evidence which is within his possession. He shall continue to cooperate in the investigation and filing of the police report. II. that 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; II. that the applicant shall not leave India without the previous permission of the court; III. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant; IV. that the applicant shall not pressurize/ intimidate the prosecution witness; V. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted. "

3. The learned counsel for the State has filed a counter affidavit annexing therewith a copy of the charge sheet and the material collected during investigation. The material filed with the counter affidavit has already been filed with the bail application. Learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.

4. The learned counsel for the applicant states that the applicant has already furnished bail bonds.

5. In view of above, the interim order dated 19.12.2024 is made absolute and the anticipatory bail application is allowed in terms of the order dated 19.12.2024. Order Date :- 22.5.2025 Preeti. (Subhash Vidyarthi,J.)

1. Heard Sri Amar Singh, the learned counsel for the applicant, Sri Ashok Srivastava, the learned AGA for the State and perused the records.

2. On 19.12.2024 the applicant was granted interim anticipatory bail by this court by means of following order:-

1. Heard Sri Amar Singh, learned counsel for the applicant and Sri Shani Pratap Singh, learned AGA for the State.

2. Let notice be issued to the opposite party no.2 returnable at an early date.

3. Steps within a week. Office to proceed accordingly.

4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No. 276 of 2024, under Sections 64,74,115(2),351(2) B.N.S., Police Station - Purwa, District - Unnao.

5. Attention has been drawn by the learned counsel for the applicant towards the incident which took place on 7.10.2024 but the F.I.R. has been lodged on 11.10.2024 without explaining the reason of delay. The F.I.R. was lodged u/s 74, 115(2) 351(2) of B.N.S. not u/s relating to rape. While recording her statement u/s 180 B.N.S.S. the prosecutrix did not level any allegation of rape, however, while recording her statement u/s 183 B.N.S.S. she levelled the allegation of rape saying that once the present applicant established physical relation with her. Admittedly, no complaint / F.I.R. of such physical relation has been lodged, meaning thereby such relation were consensual in nature, if any. Learned counsel has stated that even if the prosecution story is considered on its face value, at least the offence relating to rape does not make out.

6. Learned counsel has stated that the prosecutrix denied for medical examination, therefore, the factum of rape may not be established. One medical examination was conducted on 4.10.2024 (Annexure no. 7) which shows that no fresh external injury in the whole body of the prosecutrix was found. The present applicant has explained his earlier criminal history in para 24 of the bail application which are the minor offences wherein the notice u/s 41A Cr.P.C. has been served to the applicant and no summon or warrant has been issued against him. The present applicant is having his permanent address, therefore, there is no flight risk.

7. The present applicant is having no prior criminal history of any kind whatsoever. He undertakes that he shall cooperate in the investigation, therefore, his liberty may be protected till completion of the investigation and filing of the police report in view of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98.

8. Per contra, learned AGA has opposed the aforesaid prayer of the learned counsel for the applicant but could not dispute the submissions so made by the learned counsel for the applicant.

9. Without entering into merits of the issue; considering the arguments of the learned counsel for the parties; other material available on record; the fact that while recording her statement u/s 180 B.N.S.S. the prosecutrix did not level any allegation of rape, however, while recording her statement u/s 183 B.N.S.S. she levelled the allegation of rape saying that once the present applicant established physical relation with her but no complaint / F.I.R. of such physical relation has been lodged, meaning thereby such relation were consensual in nature, if any, if the prosecution story is considered on its face value, at least the offence relating to rape does not make out, prosecutrix denied for medical examination, therefore, the factum of rape could not be established, in the medical examination conducted on 4.10.2024 which shows that no fresh external injury in the whole body of the prosecutrix was found, applicant has explained his earlier criminal history in para 24 of the bail application which are the minor offences wherein the notice u/s 41A Cr.P.C. has been served to the applicant and no summon or warrant has been issued against him, the present applicant is having his permanent address, there is no flight risk and the undertaking of the applicant that he shall cooperate in the trial proceedings, I find it appropriate that liberty of the present applicant may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra).

10. Let counter affidavit be filed within a period of four weeks.

11. List in the week commencing 27.01.2025 within top ten cases.

12. Till the next date of listing or filing of the police report whichever is earlier, it is directed that in the event of arrest, applicant- Awadhesh Rawat @ Awadhesh shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. The applicant shall appear before the S.H.O. concerned on 23.12.2024 at 11.00 A.M. sharp to cooperate in the investigation and shall provide all information / evidence which is within his possession. He shall continue to cooperate in the investigation and filing of the police report. II. that 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; II. that the applicant shall not leave India without the previous permission of the court; III. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant; IV. that the applicant shall not pressurize/ intimidate the prosecution witness; V. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted. "

3. The learned counsel for the State has filed a counter affidavit annexing therewith a copy of the charge sheet and the material collected during investigation. The material filed with the counter affidavit has already been filed with the bail application. Learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.

4. The learned counsel for the applicant states that the applicant has already furnished bail bonds.

5. In view of above, the interim order dated 19.12.2024 is made absolute and the anticipatory bail application is allowed in terms of the order dated 19.12.2024. Order Date :- 22.5.2025 Preeti. (Subhash Vidyarthi,J.)