Vinod Kumar v. State Of U.P. Thru. Addl. Chief Secy. Home

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 259 of 2025 under sections 64(2), 351(3) BNS, P.S.- Mahammadpur Khala, District - Barabanki. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that at the first instance when the first information report was lodged, the allegation was made that the rape was committed with the victim and subsequently, in the statement under section 183 of BNSS, the allegation was made that the applicant attempted to rape with the victim which itself demolishes the story of the prosecution. He next added that due to annoyance, the first information report is lodged and there is no truthfulness in the same.

He submits that the chargesheet has been filed thus, there is no possibility that he would tamper the evidences or would threaten the witnesses coupled with the fact that the applicant has no previous criminal history as is mentioned in paragraph no. 26 of the affidavit filed in support of the bail application and he is languishing in jail since 7.5.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there is specific allegation of committing rape with the victim and therefore, the applicant is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the prosecution story is demolished as there is major contradiction in the statement of the victim under section 183 of BNSS as well as the version of the first information report.

This Court has also noticed that the chargesheet has been filed and there is no previous criminal history of the applicant as is mentioned in paragraph no. 26 of the affidavit filed in support of the bail application and he is languishing in jail since 7.5.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. involved in the Let the applicant- Vinod Kumar 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

He shall remain present before the trial court on each date fixed, either personally or through his 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; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant 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 applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 23.6.2025 Mayank