High Court

2. Heard Sri Sabhajeet, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 439 Cr.P.C./483 of B.N.S.S. has been filed by the applicant Satish, seeking enlargement on bail during trial in connection with Case Crime No. 0225 of 2025, under Sections 69, 87, 115(2), 351(2), 352 BNS, registered at Police Station Akbarpur, District Kanpur Dehat.

4. The FIR of the matter was lodged on 18.05.2025 by the victim against the applicant and four other persons alleging therein that she is living in Kanpur Dehat since last six years with her family. About one year back, the applicant called her on her mobile and they started talking to each other. The applicant then made a false promise to marry established physical relationship with her. On 03.03.2025 he lured and took her to Delhi and when the victim pressurized him for marriage he abused her and assaulted her. On 16.04.2025 he brought her from Delhi to Bhognipur and introduced her to his family members who were also assaulted 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 girl as she has disclosed her age to be 18 years during investigation. It is submitted that the present case is a case of no injury, para 14 and 28 of the affidavit has been placed before the Court. It is further submitted that the present case is a case of consent since the applicant and the victim were in terms of since last one year and she travelled with the applicant at various places without any opposition or resistance. It is submitted that although there was some discussion of marriage between the parties but the same could not materialize and thus the present FIR has been lodged. It is submitted while placing para 18 of the affidavit that charge sheet in the matter has been submitted against the applicant on 29.05.2025. It is submitted that the FIR has been lodged at a belated stage and in so far as the date and time of the incident of sexual assault is concerned, the same is not disclosed in the FIR. It is submitted that the applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 21.05.2025.

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 there was some discussion of marriage between the applicant and the victim with regards to marriage but the same could not materialize and the thus the FIR has been lodged. They were in touch since last one year. The present case is a case of no injury. Charge sheet in the matter has been submitted against the applicant.

8. 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.

9. Let the applicant Satish, 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.

10. 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.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. Order Date :- 14.8.2025 M. ARIF (Samit Gopal, J.)

2. Heard Sri Sabhajeet, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 439 Cr.P.C./483 of B.N.S.S. has been filed by the applicant Satish, seeking enlargement on bail during trial in connection with Case Crime No. 0225 of 2025, under Sections 69, 87, 115(2), 351(2), 352 BNS, registered at Police Station Akbarpur, District Kanpur Dehat.

4. The FIR of the matter was lodged on 18.05.2025 by the victim against the applicant and four other persons alleging therein that she is living in Kanpur Dehat since last six years with her family. About one year back, the applicant called her on her mobile and they started talking to each other. The applicant then made a false promise to marry established physical relationship with her. On 03.03.2025 he lured and took her to Delhi and when the victim pressurized him for marriage he abused her and assaulted her. On 16.04.2025 he brought her from Delhi to Bhognipur and introduced her to his family members who were also assaulted 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 girl as she has disclosed her age to be 18 years during investigation. It is submitted that the present case is a case of no injury, para 14 and 28 of the affidavit has been placed before the Court. It is further submitted that the present case is a case of consent since the applicant and the victim were in terms of since last one year and she travelled with the applicant at various places without any opposition or resistance. It is submitted that although there was some discussion of marriage between the parties but the same could not materialize and thus the present FIR has been lodged. It is submitted while placing para 18 of the affidavit that charge sheet in the matter has been submitted against the applicant on 29.05.2025. It is submitted that the FIR has been lodged at a belated stage and in so far as the date and time of the incident of sexual assault is concerned, the same is not disclosed in the FIR. It is submitted that the applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 21.05.2025.

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 there was some discussion of marriage between the applicant and the victim with regards to marriage but the same could not materialize and the thus the FIR has been lodged. They were in touch since last one year. The present case is a case of no injury. Charge sheet in the matter has been submitted against the applicant.

8. 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.

9. Let the applicant Satish, 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.

10. 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.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. Order Date :- 14.8.2025 M. ARIF (Samit Gopal, J.)