Balaram v. State of U.P.)

2. Heard Sri Om Prakash, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. This is second bail application of the applicant. The first bail application of the applicant was dismissed for non prosecution by this Court vide order dated 27.01.2021 passed in Criminal Misc. Bail Application No. 47750 of 2020 (Balaram Vs. State of U.P.).

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Balaram, seeking enlargement on bail during trial in connection with Case Crime No. 269 of 2020, under Section 498-A, 323, 506, 342, 376-D, 34 I.P.C. and Section 3/4 Dowry Prohibition Act and Section 5 Immoral Traffic (Prevention) Act, Police Station Babina, District Jhansi.

5. The first information report of the present matter was lodged on 02.10.2020 by the victim against the applicant, Dinesh Kewat and other unknown person alleging therein that she was married to the applicant on 25.05.2011. Her husband used to torture and assault her and made a demand of motorcycle and Rs. One lakh cash as dowry which could not be fulfilled as her family members were poor. On

10.07.2019 her husband told her to go to please Dinesh Kewat and would give Rs. 1000/- to her to which she refused then her husband 2 BAIL No. 28042 of 2025 assaulted her mercilessly and threatened to murder her children and then Dinesh Kewat forcibly committed rape upon her. Three days after it on 13.07.2019 at about 8 pm Dinesh Kewat came to her house and in front of her husband stated that he has talked with Army personnels who are ready to give Rs. 800/- per person on which her husband threatened and forced her to go with him. Dinesh Kewat threatened her to murder her children. Her husband on threat with a country-made pistol forcibly took her on a motorcycle to a room where the said persons were present wherein she was pushed inside the room and at about 8.30 pm around five Army personnels simultaneously committed rape upon her. She pleaded to be left but they did not listen to her. They stated that they have given money to her husband and Dinesh Kewat. At about 12 am she returned back to her house and was having serious pain in her abdomen. Her husband did not get it treated and to the contrary threatened her and her children. On 30.09.2020 at about 10 pm her husband told her that he has talked with Army personnels and she has to go with them to which she refused and then he consumed some medicine and tied her hand and without her consent established unnatural sex with her for about three hours due to which she again suffered serious abdomen pain. Her husband wants her to indulge in illicit work. She somehow has run away from the place and has come to lodge a report.

6. Learned counsel for the applicant submitted that although the applicant is the husband of the victim but he has been falsely implicated in the present case. It is submitted that no such incident whatsoever has occurred. It is submitted that the victim was blackmailing the applicant which is evident for the fact that after he has been arrested in the present matter and is in jail she came to jail many times and met him and demanded Rs. 20 lakhs. It is submitted that co-accused Dinesh Kewat has been granted bail by a co-ordinate Bench of this Court vide order dated 15.05.2023 passed in Criminal Appeal No. 3250 of 2020 (Dinesh Kewat Vs. State of U.P. and Another), the copy of the said order is annexed as Annexure-9 to the affidavit. It is submitted that trial in the present matter is going on in which five witnesses have been examined and since the applicant is in jail since 07.10.2020, looking to the period of incarceration and the 3 BAIL No. 28042 of 2025 delay in trial, the bail of the applicant be considered. The applicant has no criminal history as stated in para 23.

7. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the victim during investigation has supported the prosecution case and the prosecution version as given by her in the first information report. It is submitted that the applicant is the husband of the victim and there was no reason for her to falsely implicate him. It is further submitted that the victim was examined as P.W.-1 before the trial court who has supported the prosecution version. It is submitted that trial in the matter is going on in which five witnesses have been examined. It is submitted that in so far as co- accused Dinesh Kewat is concerned, although his criminal appeal has been allowed and has been directed to be released on bail but the case of the applicant is distinguishable with that of Dinesh Kewat since the applicant is the husband of the victim and there are different and distinct allegations against him. It is submitted that the present case is a case of gang rape.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the victim and named in the first information report. The victim during investigation and even in the trial has supported the prosecution case. There are serious allegations of forcing the wife into immoral traffic act. The allegations are very serious in nature. The case of co-accused Dinesh Kewat is distinguishable with that of the applicant. The trial in the matter is going on in which five witnesses have been examined. It cannot be said that trial is at a stand-still stage. No ground for bail is made out.

9. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected.

10. Pending application (s), if any, shall stand disposed of. October 29, 2025 AS Rathore (Samit Gopal,J.)

2. Heard Sri Om Prakash, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. This is second bail application of the applicant. The first bail application of the applicant was dismissed for non prosecution by this Court vide order dated 27.01.2021 passed in Criminal Misc. Bail Application No. 47750 of 2020 (Balaram Vs. State of U.P.).

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Balaram, seeking enlargement on bail during trial in connection with Case Crime No. 269 of 2020, under Section 498-A, 323, 506, 342, 376-D, 34 I.P.C. and Section 3/4 Dowry Prohibition Act and Section 5 Immoral Traffic (Prevention) Act, Police Station Babina, District Jhansi.

5. The first information report of the present matter was lodged on 02.10.2020 by the victim against the applicant, Dinesh Kewat and other unknown person alleging therein that she was married to the applicant on 25.05.2011. Her husband used to torture and assault her and made a demand of motorcycle and Rs. One lakh cash as dowry which could not be fulfilled as her family members were poor. On

10.07.2019 her husband told her to go to please Dinesh Kewat and would give Rs. 1000/- to her to which she refused then her husband 2 BAIL No. 28042 of 2025 assaulted her mercilessly and threatened to murder her children and then Dinesh Kewat forcibly committed rape upon her. Three days after it on 13.07.2019 at about 8 pm Dinesh Kewat came to her house and in front of her husband stated that he has talked with Army personnels who are ready to give Rs. 800/- per person on which her husband threatened and forced her to go with him. Dinesh Kewat threatened her to murder her children. Her husband on threat with a country-made pistol forcibly took her on a motorcycle to a room where the said persons were present wherein she was pushed inside the room and at about 8.30 pm around five Army personnels simultaneously committed rape upon her. She pleaded to be left but they did not listen to her. They stated that they have given money to her husband and Dinesh Kewat. At about 12 am she returned back to her house and was having serious pain in her abdomen. Her husband did not get it treated and to the contrary threatened her and her children. On 30.09.2020 at about 10 pm her husband told her that he has talked with Army personnels and she has to go with them to which she refused and then he consumed some medicine and tied her hand and without her consent established unnatural sex with her for about three hours due to which she again suffered serious abdomen pain. Her husband wants her to indulge in illicit work. She somehow has run away from the place and has come to lodge a report.

6. Learned counsel for the applicant submitted that although the applicant is the husband of the victim but he has been falsely implicated in the present case. It is submitted that no such incident whatsoever has occurred. It is submitted that the victim was blackmailing the applicant which is evident for the fact that after he has been arrested in the present matter and is in jail she came to jail many times and met him and demanded Rs. 20 lakhs. It is submitted that co-accused Dinesh Kewat has been granted bail by a co-ordinate Bench of this Court vide order dated 15.05.2023 passed in Criminal Appeal No. 3250 of 2020 (Dinesh Kewat Vs. State of U.P. and Another), the copy of the said order is annexed as Annexure-9 to the affidavit. It is submitted that trial in the present matter is going on in which five witnesses have been examined and since the applicant is in jail since 07.10.2020, looking to the period of incarceration and the 3 BAIL No. 28042 of 2025 delay in trial, the bail of the applicant be considered. The applicant has no criminal history as stated in para 23.

7. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the victim during investigation has supported the prosecution case and the prosecution version as given by her in the first information report. It is submitted that the applicant is the husband of the victim and there was no reason for her to falsely implicate him. It is further submitted that the victim was examined as P.W.-1 before the trial court who has supported the prosecution version. It is submitted that trial in the matter is going on in which five witnesses have been examined. It is submitted that in so far as co- accused Dinesh Kewat is concerned, although his criminal appeal has been allowed and has been directed to be released on bail but the case of the applicant is distinguishable with that of Dinesh Kewat since the applicant is the husband of the victim and there are different and distinct allegations against him. It is submitted that the present case is a case of gang rape.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the victim and named in the first information report. The victim during investigation and even in the trial has supported the prosecution case. There are serious allegations of forcing the wife into immoral traffic act. The allegations are very serious in nature. The case of co-accused Dinesh Kewat is distinguishable with that of the applicant. The trial in the matter is going on in which five witnesses have been examined. It cannot be said that trial is at a stand-still stage. No ground for bail is made out.

9. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected.

10. Pending application (s), if any, shall stand disposed of. October 29, 2025 AS Rathore (Samit Gopal,J.)