High Court

2. Heard Sri Chandra Prakash Singh, learned counsel for the applicant and Sri Birendra Pratap Singh, 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- Gajendra @ Gajju, seeking enlargement on bail during trial in connection with Case Crime No. 349 of 2025, under Sections 78, 296, 351(2), 123, 64(1), 352, 115(2), 61(2), 127(2), 109(1), 316(2), 191(2) B.N.S., Police Station Sadar Bazar, District Agra.

4. The first information report of the present matter was lodged on 22.06.2025 by Veerendra Singh against the applicant alleging therein that the applicant and Akash used to chase his daughter and do illegal acts when she used to go to college. She opposed it on which they got annoyed and one day when she was going to college they stopped her and with an intention to apologize her they clicked her photo. They then by editing it made a nude photograph and blackmailed her of it. They while blackmailing her took Rs. 2,00,000/- many times from her. One day they took her daughter at an unknown place and gave some intoxicating substance in a cold-drink to her and the applicant established physical relationship with her and Akash made a video clipping of it. She remained entangled with the accused persons since the last one year. There had been physical relationship many times on threat.

5. Learned counsel for the applicant submitted that the victim is a major girl. It is submitted that the relationship was a consensual relationship. It is further submitted while placing the photograph and chats of the victim that she and the applicant were in relationship. While placing the CD No.2 dated 23.06.2025 of the case-diary it is submitted that the applicant and the victim checked in a hotel four times for some hours after producing there respective IDs. It is further submitted that from 26.10.2024 to 02.07.2025 there had a total of 3871 calls and SMS from the mobile phone of the accused-applicant and the victim and there had been various other calls on other numbers. It is submitted that the father of the applicant gave an application to the police stating that the father of the victim is demanding Rs. 10 lakhs and wants to get a house registered her name and is blackmailing him, the same is recorded in the case-diary No. 11 dated 10.07.2025. It is submitted that the present case is a case of consent after which the relationship became sour and the parties started blackmailing. The applicant has no criminal history as stated in para 31 of the affidavit and is in jail since 03.07.2025.

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

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. The victim was in relationship with the applicant since the last one year. They visited hotel and gave their respective IDs. There has been various chats between them.The CDR shows many calls between them.

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- Gajendra @ Gajju, 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 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. The bail application is allowed.

12. Pending application (s), if any, shall stand disposed of. Order Date :- 19.8.2025 AS Rathore (Samit Gopal,J.)

2. Heard Sri Chandra Prakash Singh, learned counsel for the applicant and Sri Birendra Pratap Singh, 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- Gajendra @ Gajju, seeking enlargement on bail during trial in connection with Case Crime No. 349 of 2025, under Sections 78, 296, 351(2), 123, 64(1), 352, 115(2), 61(2), 127(2), 109(1), 316(2), 191(2) B.N.S., Police Station Sadar Bazar, District Agra.

4. The first information report of the present matter was lodged on 22.06.2025 by Veerendra Singh against the applicant alleging therein that the applicant and Akash used to chase his daughter and do illegal acts when she used to go to college. She opposed it on which they got annoyed and one day when she was going to college they stopped her and with an intention to apologize her they clicked her photo. They then by editing it made a nude photograph and blackmailed her of it. They while blackmailing her took Rs. 2,00,000/- many times from her. One day they took her daughter at an unknown place and gave some intoxicating substance in a cold-drink to her and the applicant established physical relationship with her and Akash made a video clipping of it. She remained entangled with the accused persons since the last one year. There had been physical relationship many times on threat.

5. Learned counsel for the applicant submitted that the victim is a major girl. It is submitted that the relationship was a consensual relationship. It is further submitted while placing the photograph and chats of the victim that she and the applicant were in relationship. While placing the CD No.2 dated 23.06.2025 of the case-diary it is submitted that the applicant and the victim checked in a hotel four times for some hours after producing there respective IDs. It is further submitted that from 26.10.2024 to 02.07.2025 there had a total of 3871 calls and SMS from the mobile phone of the accused-applicant and the victim and there had been various other calls on other numbers. It is submitted that the father of the applicant gave an application to the police stating that the father of the victim is demanding Rs. 10 lakhs and wants to get a house registered her name and is blackmailing him, the same is recorded in the case-diary No. 11 dated 10.07.2025. It is submitted that the present case is a case of consent after which the relationship became sour and the parties started blackmailing. The applicant has no criminal history as stated in para 31 of the affidavit and is in jail since 03.07.2025.

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

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. The victim was in relationship with the applicant since the last one year. They visited hotel and gave their respective IDs. There has been various chats between them.The CDR shows many calls between them.

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- Gajendra @ Gajju, 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 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. The bail application is allowed.

12. Pending application (s), if any, shall stand disposed of. Order Date :- 19.8.2025 AS Rathore (Samit Gopal,J.)