High Court

2. Heard Sri Om Prakash Yadav, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Shailendra Pal, seeking enlargement on bail during trial in connection with Case Crime No. 73 of 2025, under Sections 64(1), 351(3), 123 BNS, registered at Police Station Sakrar, District Jhansi.

4. The FIR of the matter was lodged on 30.04.2025 by the victim against the applicant and one other person alleging therein that she is aged 23 years of age. On a promise to get employment, the applicant took her educational certificates and on a false pretext of getting her employment since last two and half years has been committing rape upon her. He also tried to show that he has married her. He clicked her objectionable photographs and on threat to make them viral committed rape upon her. He demanded money from her for deleting it and part of it was taken by him from her account. He called her many times at various places and committed rape upon her. Report be lodged and action be taken.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman. It is submitted that since the victim was pressurizing the applicant to get him employment in which he could not succeed and thus she has falsely implicated him. It is submitted that the investigation in the matter has concluded and a charge sheet has been submitted against the applicant, para 14 of the affidavit has been placed before the Court. It is submitted that the applicant and the victim were in love since last three years and she is a consenting party, para 17 of the affidavit has been placed before the Court. It is submitted while placing para 18 of the affidavit that due to some misunderstanding the present FIR has been lodged. It is further submitted that even after recording of the statement of the victim under Section 183 BNSS, the Investigating Officer has recorded the supplementary statement of the victim which is annexure 7 to the affidavit in which she changes her version and disowns her previous version. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 03.05.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim and the applicant were relationship since last three years. She is a major woman. Investigation in the matter has concluded and charge sheet has been submitted against the applicant.

8. The fact that supplementary statement has been recorded by the Investigating Officer after recording of the statement of the victim under Section 183 BNSS in which she disowns the version given by her earlier appears to be the handiwork of the police. The same appears to be with an intention to somehow or other to extend benefit to one of the parties.

9. The S.S.P. concerned shall look into the same and also look into the conduct of the Investigating Officer who has recorded the same.

10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

11. Let the applicant Shailendra Pal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant 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 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. Order Date :- 29.7.2025 M. ARIF (Samit Gopal, J.)

2. Heard Sri Om Prakash Yadav, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Shailendra Pal, seeking enlargement on bail during trial in connection with Case Crime No. 73 of 2025, under Sections 64(1), 351(3), 123 BNS, registered at Police Station Sakrar, District Jhansi.

4. The FIR of the matter was lodged on 30.04.2025 by the victim against the applicant and one other person alleging therein that she is aged 23 years of age. On a promise to get employment, the applicant took her educational certificates and on a false pretext of getting her employment since last two and half years has been committing rape upon her. He also tried to show that he has married her. He clicked her objectionable photographs and on threat to make them viral committed rape upon her. He demanded money from her for deleting it and part of it was taken by him from her account. He called her many times at various places and committed rape upon her. Report be lodged and action be taken.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman. It is submitted that since the victim was pressurizing the applicant to get him employment in which he could not succeed and thus she has falsely implicated him. It is submitted that the investigation in the matter has concluded and a charge sheet has been submitted against the applicant, para 14 of the affidavit has been placed before the Court. It is submitted that the applicant and the victim were in love since last three years and she is a consenting party, para 17 of the affidavit has been placed before the Court. It is submitted while placing para 18 of the affidavit that due to some misunderstanding the present FIR has been lodged. It is further submitted that even after recording of the statement of the victim under Section 183 BNSS, the Investigating Officer has recorded the supplementary statement of the victim which is annexure 7 to the affidavit in which she changes her version and disowns her previous version. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 03.05.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim and the applicant were relationship since last three years. She is a major woman. Investigation in the matter has concluded and charge sheet has been submitted against the applicant.

8. The fact that supplementary statement has been recorded by the Investigating Officer after recording of the statement of the victim under Section 183 BNSS in which she disowns the version given by her earlier appears to be the handiwork of the police. The same appears to be with an intention to somehow or other to extend benefit to one of the parties.

9. The S.S.P. concerned shall look into the same and also look into the conduct of the Investigating Officer who has recorded the same.

10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

11. Let the applicant Shailendra Pal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant 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 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. Order Date :- 29.7.2025 M. ARIF (Samit Gopal, J.)