Allahabad High Court

2. Heard Sri Devesh Kumar Shukla, 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 483 BNSS has been filed by the applicant-Waseem @ Vaseem, seeking enlargement on bail during trial in connection with Case Crime No.124 of 2025, under Sections 123, 351(3), 64(2)m BNS, P.S. Sihani Gate, District Ghaziabad.

4. Learned counsel for the State states that he has received instructions in the matter for which he had prayed and was granted time on 28.8.2025.

5. The FIR of the matter was lodged on 19.4.2025 by the victim against the applicant and two other persons alleging therein that she is aged about 25 years. Waseem, the applicant is resident of Delhi who is her relative and she knows him from before. He called her on phone and called her to a hotel in Delhi to meet him. Then she went to a hotel at Delhi where he offered her a chocolate after consuming the same, she became unconscious and then he established physical relationship with her. He made a video of it and clicked her nude photographs and threatened her of making it viral and also blackmailed her and continued to call her in many hotels. A report be lodged and action be taken.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim is a 2 BAIL No. 28373 of 2025 major woman aged about 25 years. It is further argued that the victim went to the hotel out of her own sweet-will on the call of the applicant and stayed with the applicant there. It is argued that the victim did not make any complaint earlier about the said incident but continued to meet him in different hotels on the call of the applicant. It is further argued that no such video or photograph has been recovered during investigation, para 16 of the affidavit in support of bail application has been placed before the Court. It is further argued that investigation in the matter has concluded and charge sheet has been submitted, para 19 of the affidavit in support of bail application has been placed before the Court. It is argued that the present case is a case of consent. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit. The applicant is in jail since 2.5.2025.

7. Per contra learned counsel for the State opposed the prayer for bail.

8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman. The present case appears to be a case of consent. The victim went to the hotel out of her own sweet-will on the call of the applicant. The victim did not make any complaint earlier about the said incident but continued to meet him in different hotels on the call of the applicant. No video or photograph has been recovered during investigation. Investigation in the matter has concluded.

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-Waseem @ Vaseem, 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 3 BAIL No. 28373 of 2025 date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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. September 17, 2025/Gaurav Kuls (Samit Gopal,J.)

2. Heard Sri Devesh Kumar Shukla, 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 483 BNSS has been filed by the applicant-Waseem @ Vaseem, seeking enlargement on bail during trial in connection with Case Crime No.124 of 2025, under Sections 123, 351(3), 64(2)m BNS, P.S. Sihani Gate, District Ghaziabad.

4. Learned counsel for the State states that he has received instructions in the matter for which he had prayed and was granted time on 28.8.2025.

5. The FIR of the matter was lodged on 19.4.2025 by the victim against the applicant and two other persons alleging therein that she is aged about 25 years. Waseem, the applicant is resident of Delhi who is her relative and she knows him from before. He called her on phone and called her to a hotel in Delhi to meet him. Then she went to a hotel at Delhi where he offered her a chocolate after consuming the same, she became unconscious and then he established physical relationship with her. He made a video of it and clicked her nude photographs and threatened her of making it viral and also blackmailed her and continued to call her in many hotels. A report be lodged and action be taken.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim is a 2 BAIL No. 28373 of 2025 major woman aged about 25 years. It is further argued that the victim went to the hotel out of her own sweet-will on the call of the applicant and stayed with the applicant there. It is argued that the victim did not make any complaint earlier about the said incident but continued to meet him in different hotels on the call of the applicant. It is further argued that no such video or photograph has been recovered during investigation, para 16 of the affidavit in support of bail application has been placed before the Court. It is further argued that investigation in the matter has concluded and charge sheet has been submitted, para 19 of the affidavit in support of bail application has been placed before the Court. It is argued that the present case is a case of consent. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit. The applicant is in jail since 2.5.2025.

7. Per contra learned counsel for the State opposed the prayer for bail.

8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman. The present case appears to be a case of consent. The victim went to the hotel out of her own sweet-will on the call of the applicant. The victim did not make any complaint earlier about the said incident but continued to meet him in different hotels on the call of the applicant. No video or photograph has been recovered during investigation. Investigation in the matter has concluded.

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-Waseem @ Vaseem, 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 3 BAIL No. 28373 of 2025 date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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. September 17, 2025/Gaurav Kuls (Samit Gopal,J.)