Allahabad High Court

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

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Mateen Shekh @ Bhura, seeking enlargement on bail during trial in connection with Case Crime No. 136 of 2025, under Sections 69, 89, 191(2), 115(2), 352, 351(2) B.N.S., Police Station Lalauli, District Fatehpur.

4. The first information report of the present matter was lodged on

26.04.2025 by Hamid against the applicant and 04 other persons alleging therein that on a false promise to marry he has been committing rape on his daughter since the last two years. His daughter became pregnant after which the applicant gave some medicine for abortion and the said pregnancy has been aborted. The medicine was given on 05.04.2025 and since then his daughter is suffering from bleeding due to which she is unwell. On her informing the applicant that she is pregnant and he would marry her, the applicant refused marriage. He is committing rape on his daughter since the last two years. When he went to the house of the applicant then his family members started threatening him and his daugther, abused and assaulted them. A 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 2 BAIL No. 28031 of 2025 major woman aged about 24 years. It is submitted that the relationship between the applicant and the victim was continuing since the last two years and was a consensual relationship on some discussion of marriage. It is submitted that the marriage could not materialize, thus the present first information report has been lodged. While placing paragraph 29 of the affidavit it is submitted that the charge-sheet as filed is defective in as much as in column 13 of the same there is no disclosure of the proposed witnesses on which the prosecution is relying, the copy of the charge-sheet has been placed before the Court which is annexed as Annexure-6 to the affidavit. The applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 30.04.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail but in so far as the list of witnesses in the charge-sheet is concerned, the same has not been disputed by learned counsel for the State.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman aged about 24 years. The victim and the applicant were in relationship since the last two years on some discussion of marriage. Later on the marriage could not materialize, hence, the present first information report has been lodged.

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- Mateen Shekh @ Bhura, 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 3 BAIL No. 28031 of 2025 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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. Learned counsel for the State shall communicate to the Superintendent of Police, Fatehpur and the Investigating Officer that the list of witnesses is not mentioned in the charge-sheet as submitted in the Court.

12. The Registrar (Compliance) shall also communicate this order to the said Officer within one week.

13. The bail application is allowed.

14. Pending application (s), if any, shall stand disposed of. September 4, 2025 AS Rathore (Samit Gopal,J.)

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

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Mateen Shekh @ Bhura, seeking enlargement on bail during trial in connection with Case Crime No. 136 of 2025, under Sections 69, 89, 191(2), 115(2), 352, 351(2) B.N.S., Police Station Lalauli, District Fatehpur.

4. The first information report of the present matter was lodged on

26.04.2025 by Hamid against the applicant and 04 other persons alleging therein that on a false promise to marry he has been committing rape on his daughter since the last two years. His daughter became pregnant after which the applicant gave some medicine for abortion and the said pregnancy has been aborted. The medicine was given on 05.04.2025 and since then his daughter is suffering from bleeding due to which she is unwell. On her informing the applicant that she is pregnant and he would marry her, the applicant refused marriage. He is committing rape on his daughter since the last two years. When he went to the house of the applicant then his family members started threatening him and his daugther, abused and assaulted them. A 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 2 BAIL No. 28031 of 2025 major woman aged about 24 years. It is submitted that the relationship between the applicant and the victim was continuing since the last two years and was a consensual relationship on some discussion of marriage. It is submitted that the marriage could not materialize, thus the present first information report has been lodged. While placing paragraph 29 of the affidavit it is submitted that the charge-sheet as filed is defective in as much as in column 13 of the same there is no disclosure of the proposed witnesses on which the prosecution is relying, the copy of the charge-sheet has been placed before the Court which is annexed as Annexure-6 to the affidavit. The applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 30.04.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail but in so far as the list of witnesses in the charge-sheet is concerned, the same has not been disputed by learned counsel for the State.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman aged about 24 years. The victim and the applicant were in relationship since the last two years on some discussion of marriage. Later on the marriage could not materialize, hence, the present first information report has been lodged.

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- Mateen Shekh @ Bhura, 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 3 BAIL No. 28031 of 2025 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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. Learned counsel for the State shall communicate to the Superintendent of Police, Fatehpur and the Investigating Officer that the list of witnesses is not mentioned in the charge-sheet as submitted in the Court.

12. The Registrar (Compliance) shall also communicate this order to the said Officer within one week.

13. The bail application is allowed.

14. Pending application (s), if any, shall stand disposed of. September 4, 2025 AS Rathore (Samit Gopal,J.)