High Court

2. Ms. Preeti Yadav, learned panel lawyer of the High Court Legal Services Committee/O.P. No.3 appears before the Court and has filed her memo of appearance along with the photocopy of authority letter dated 30.07.2025 issued by the Secretary, High Court Legal Services Committee, High Court Allahabad today in Court. The same is taken on record.

3. Heard Sri Rajendra Singh Parihar, learned counsel for the applicant, Ms. Preeti Yadav, learned panel lawyer of the High Court Legal Services Committee/O.P. No.3, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Shanu Gautam, seeking enlargement on bail during trial in connection with Case Crime No. 23 of 2025, under Sections 137(2), 87, 64 BNS and 3/4 POCSO Act, registered at Police Station Bidhnoo, District Kanpur Nagar.

5. The FIR of the matter was lodged on 01.02.2025 by Smt. Shiv Devi against the applicant alleging therein that on 31.01.2025 she had gone to the field to work and her daughter aged about 17 years was alone wherein at about 01:00 pm Shanu Gautam the applicant lured her and enticed her away. He used to come to her neighbourhood. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was recovered and her statement under Section 180 BNSS was recorded wherein she states that since her parents wanted to get her married forcibly she got angry and then on 31.01.2025 left the house and went to Delhi by train and stayed at her mausi's house. After staying there for 15-16 days she was returning back to her house wherein on the way the police apprehended her. It is submitted that on specific question put to her by the Investigating Officer whether the applicant was also with her, she refuses it. It is further submitted that the victim refused to her medical examination internally by stating that no sexual assault has been done on her. It is submitted that subsequently the victim in her statement under Section 183 BNSS changes the prosecution version and states that the applicant forcibly took her away and threatened her and then took her by train to Delhi where she stayed in a room for about 15 days and was sexually assaulted on her. It is submitted that subsequently on 04.03.2025 the victim was again medically examined but the doctor did not find any such evidence of forceful sexual assault. It is submitted that as such the version given by the victim is not consistent. It is submitted that the victim as per school records, her age to be 17 years and 8 months as her date of birth recorded therein is 25.06.2007. It is submitted while placing para 19 of the affidavit that previously the applicant was involved in one case which is of a minor nature but no charge sheet till date has been submitted. It is submitted that since the punishment of the same was below 7 years, he has not been called to furnish bail bonds, para 20 of the affidavit has been placed before the Court. The applicant is in jail since 24.03.2025.

7. Per contra, learned counsel for the High Court Legal Services Committee and learned counsel for the State opposed the prayer for bail and submitted that the victim in her statement under Section 183 BNSS has stated that the applicant forcibly taking her away and committing rape upon her and thus the applicant is involved in the present case.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim during investigation initially in her statement under Section 180 BNSS does not level any allegations against the applicant but states of leaving the house out of her own sweet will and then in her statement under Section 183 BNSS she names the applicant and levels allegations against him. Initially she refused her medical examination but subsequently the same was conducted. The version of the victim is not consistent during investigation.

9. 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.

10. Let the applicant Shanu Gautam, 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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. Order Date :- 31.7.2025 M. ARIF (Samit Gopal, J.)

2. Ms. Preeti Yadav, learned panel lawyer of the High Court Legal Services Committee/O.P. No.3 appears before the Court and has filed her memo of appearance along with the photocopy of authority letter dated 30.07.2025 issued by the Secretary, High Court Legal Services Committee, High Court Allahabad today in Court. The same is taken on record.

3. Heard Sri Rajendra Singh Parihar, learned counsel for the applicant, Ms. Preeti Yadav, learned panel lawyer of the High Court Legal Services Committee/O.P. No.3, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Shanu Gautam, seeking enlargement on bail during trial in connection with Case Crime No. 23 of 2025, under Sections 137(2), 87, 64 BNS and 3/4 POCSO Act, registered at Police Station Bidhnoo, District Kanpur Nagar.

5. The FIR of the matter was lodged on 01.02.2025 by Smt. Shiv Devi against the applicant alleging therein that on 31.01.2025 she had gone to the field to work and her daughter aged about 17 years was alone wherein at about 01:00 pm Shanu Gautam the applicant lured her and enticed her away. He used to come to her neighbourhood. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was recovered and her statement under Section 180 BNSS was recorded wherein she states that since her parents wanted to get her married forcibly she got angry and then on 31.01.2025 left the house and went to Delhi by train and stayed at her mausi's house. After staying there for 15-16 days she was returning back to her house wherein on the way the police apprehended her. It is submitted that on specific question put to her by the Investigating Officer whether the applicant was also with her, she refuses it. It is further submitted that the victim refused to her medical examination internally by stating that no sexual assault has been done on her. It is submitted that subsequently the victim in her statement under Section 183 BNSS changes the prosecution version and states that the applicant forcibly took her away and threatened her and then took her by train to Delhi where she stayed in a room for about 15 days and was sexually assaulted on her. It is submitted that subsequently on 04.03.2025 the victim was again medically examined but the doctor did not find any such evidence of forceful sexual assault. It is submitted that as such the version given by the victim is not consistent. It is submitted that the victim as per school records, her age to be 17 years and 8 months as her date of birth recorded therein is 25.06.2007. It is submitted while placing para 19 of the affidavit that previously the applicant was involved in one case which is of a minor nature but no charge sheet till date has been submitted. It is submitted that since the punishment of the same was below 7 years, he has not been called to furnish bail bonds, para 20 of the affidavit has been placed before the Court. The applicant is in jail since 24.03.2025.

7. Per contra, learned counsel for the High Court Legal Services Committee and learned counsel for the State opposed the prayer for bail and submitted that the victim in her statement under Section 183 BNSS has stated that the applicant forcibly taking her away and committing rape upon her and thus the applicant is involved in the present case.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim during investigation initially in her statement under Section 180 BNSS does not level any allegations against the applicant but states of leaving the house out of her own sweet will and then in her statement under Section 183 BNSS she names the applicant and levels allegations against him. Initially she refused her medical examination but subsequently the same was conducted. The version of the victim is not consistent during investigation.

9. 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.

10. Let the applicant Shanu Gautam, 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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. Order Date :- 31.7.2025 M. ARIF (Samit Gopal, J.)