High Court

2. Heard Sri Satya Dheer Singh Jadaun, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I 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- Abhay Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 136 of 2024, under Sections 366, 376-D I.P.C., Police Station Kokhraj, District Kaushambi.

4. The first information report of the present matter was lodged on 16.05.2024 by Shivbhushan Maurya against the applicant and Teerath Lal alleging therein that his daughter aged about 19 years had gone to give examination on 11.01.2024 at about 9 am but did not return back home. She was searched a lot and it was found that her cycle was parked at the cycle stand of the school. Teerath Lal co-accused has lured and enticed her away to Mumbai. Abhay Kumar the applicant has helped him in the said act.

5. Learned counsel for the applicant submitted that on the own showing of the first informant the victim is a major girl. It is submitted that the victim during investigation in her statement recorded under Section 161 Cr.P.C. states of Teerath Lal and Dilip taking her away on a motorcycle to Cheoki Railway Station from where they took a train and went to Mumbai and then on a rickshaw went to a house. Abhay (the present applicant) took her on a motorcycle to a room. It is submitted that the allegation of rape therein is alleged on co-accused Teerath but there is no such allegation levelled against the applicant. It is submitted that subsequently it is alleged that Teerath brought her by flight to Allahabad and they performed court marriage and married in Arya Samaj. It is submitted that subsequently in her statement recorded under Section 164 Cr.P.C. she states of Teerath and Dilip took her to Mumbai and then states of Teerath and the applicant Abhay committing rape upon her and making a video of it but states that Teerath solemnized court marriage with her in Allahabad. It is submitted that the same is an afterthought and the prosecution version is not consistent in as much as the allegation of sexual assault is concerned. It is submitted that the trial in the present matter has started and thus there are no chances of the applicant tampering with the evidence. The applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 13.02.2025.

6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the present case is a case of gang rape in which the applicant and co-accused Teerath are alleged to have sexually assaulted the victim as per her statement recorded under Section 164 Cr.P.C.

7. After having heard learned counsel for the parties and perusing the record, it is evident that in so far as the allegation of rape is concerned, the same is not stated by the victim in her statement recorded under Section 161 Cr.P.C. against the applicant. Subsequently in her statement recorded under Section 164 Cr.P.C. she states of co-accused Teerath and the applicant committing rape upon her. Thus the version in so far as the applicant is concerned, is not consistent. The case of the applicant is distinguishable with that of the co-accused Teerath.

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- Abhay Kumar, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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 :- 22.8.2025 AS Rathore (Samit Gopal,J.)

2. Heard Sri Satya Dheer Singh Jadaun, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I 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- Abhay Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 136 of 2024, under Sections 366, 376-D I.P.C., Police Station Kokhraj, District Kaushambi.

4. The first information report of the present matter was lodged on 16.05.2024 by Shivbhushan Maurya against the applicant and Teerath Lal alleging therein that his daughter aged about 19 years had gone to give examination on 11.01.2024 at about 9 am but did not return back home. She was searched a lot and it was found that her cycle was parked at the cycle stand of the school. Teerath Lal co-accused has lured and enticed her away to Mumbai. Abhay Kumar the applicant has helped him in the said act.

5. Learned counsel for the applicant submitted that on the own showing of the first informant the victim is a major girl. It is submitted that the victim during investigation in her statement recorded under Section 161 Cr.P.C. states of Teerath Lal and Dilip taking her away on a motorcycle to Cheoki Railway Station from where they took a train and went to Mumbai and then on a rickshaw went to a house. Abhay (the present applicant) took her on a motorcycle to a room. It is submitted that the allegation of rape therein is alleged on co-accused Teerath but there is no such allegation levelled against the applicant. It is submitted that subsequently it is alleged that Teerath brought her by flight to Allahabad and they performed court marriage and married in Arya Samaj. It is submitted that subsequently in her statement recorded under Section 164 Cr.P.C. she states of Teerath and Dilip took her to Mumbai and then states of Teerath and the applicant Abhay committing rape upon her and making a video of it but states that Teerath solemnized court marriage with her in Allahabad. It is submitted that the same is an afterthought and the prosecution version is not consistent in as much as the allegation of sexual assault is concerned. It is submitted that the trial in the present matter has started and thus there are no chances of the applicant tampering with the evidence. The applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 13.02.2025.

6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the present case is a case of gang rape in which the applicant and co-accused Teerath are alleged to have sexually assaulted the victim as per her statement recorded under Section 164 Cr.P.C.

7. After having heard learned counsel for the parties and perusing the record, it is evident that in so far as the allegation of rape is concerned, the same is not stated by the victim in her statement recorded under Section 161 Cr.P.C. against the applicant. Subsequently in her statement recorded under Section 164 Cr.P.C. she states of co-accused Teerath and the applicant committing rape upon her. Thus the version in so far as the applicant is concerned, is not consistent. The case of the applicant is distinguishable with that of the co-accused Teerath.

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- Abhay Kumar, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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 :- 22.8.2025 AS Rathore (Samit Gopal,J.)