Allahabad High Court

2. Vakalatnama filed by Sri Brij Kishore Pandey, Advocate on behalf of the first informant is taken on record.

3. Heard Sri Arun Kumar Shukla, learned counsel for the applicant, Sri Brij Kishore Pandey, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Lakshmi Narayan, seeking enlargement on bail during trial in connection with Case Crime No. 83 of 2025, under Section 64 B.N.S. and 3/4 POCSO Act, Police Station Lalkurti, District Meerut.

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

04.06.2025 by Bhagwat Singh against the applicant alleging therein that on

03.06.2025 at about 12 to 02 am his daughter went for a walk on the ground floor of the quarter wherein the applicant who was living there took her inside his quarter and committed rape upon her. When she came back to the house she told about it to him and his wife. He has brought his daughter at the police station. She is aged about 16-17 years. His report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. states that she went for a 2 BAIL No. 30599 of 2025 walk on the ground floor of the quarter where the applicant gagged her mouth and took her in his quarter and forced upon her. It is further submitted that the victim in her statement recorded under Section 183 B.N.S.S. states that she went to the ground floor of her quarter for a walk and went to the house of the aunty where while feeling sleepy she slept there after which her parents thought of some wrongful act and lodged a report. She states that she was not raped by the applicant. It is submitted that she further states that no such incident of rape was committed on her. It is submitted that the applicant was thus exonerated by the victim in her statement recorded under Section 183 B.N.S.S. The applicant has no criminal history as stated in para 12 of the affidavit and is in jail since 07.06.2025.

7. Learned counsel for the first informant although is present but he does not opposed the prayer for bail and submits that the trial in the matter has started in which the victim has not supported the prosecution case and has been declared hostile.

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

9. After having heard learned counsel for the parties and perusing the record, it is evident that the statement of the victim during investigation is not consistent. In her statement recorded under Section 183 B.N.S.S. she exonerates the applicant and states of no such act of rape being committed on her.

10. 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.

11. Let the applicant- Lakshmi Narayan, 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. 3 BAIL No. 30599 of 2025 (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.

12. 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.

13. The bail application is allowed.

14. Pending application (s), if any, shall stand disposed of. September 8, 2025 AS Rathore (Samit Gopal,J.)

2. Vakalatnama filed by Sri Brij Kishore Pandey, Advocate on behalf of the first informant is taken on record.

3. Heard Sri Arun Kumar Shukla, learned counsel for the applicant, Sri Brij Kishore Pandey, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Lakshmi Narayan, seeking enlargement on bail during trial in connection with Case Crime No. 83 of 2025, under Section 64 B.N.S. and 3/4 POCSO Act, Police Station Lalkurti, District Meerut.

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

04.06.2025 by Bhagwat Singh against the applicant alleging therein that on

03.06.2025 at about 12 to 02 am his daughter went for a walk on the ground floor of the quarter wherein the applicant who was living there took her inside his quarter and committed rape upon her. When she came back to the house she told about it to him and his wife. He has brought his daughter at the police station. She is aged about 16-17 years. His report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. states that she went for a 2 BAIL No. 30599 of 2025 walk on the ground floor of the quarter where the applicant gagged her mouth and took her in his quarter and forced upon her. It is further submitted that the victim in her statement recorded under Section 183 B.N.S.S. states that she went to the ground floor of her quarter for a walk and went to the house of the aunty where while feeling sleepy she slept there after which her parents thought of some wrongful act and lodged a report. She states that she was not raped by the applicant. It is submitted that she further states that no such incident of rape was committed on her. It is submitted that the applicant was thus exonerated by the victim in her statement recorded under Section 183 B.N.S.S. The applicant has no criminal history as stated in para 12 of the affidavit and is in jail since 07.06.2025.

7. Learned counsel for the first informant although is present but he does not opposed the prayer for bail and submits that the trial in the matter has started in which the victim has not supported the prosecution case and has been declared hostile.

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

9. After having heard learned counsel for the parties and perusing the record, it is evident that the statement of the victim during investigation is not consistent. In her statement recorded under Section 183 B.N.S.S. she exonerates the applicant and states of no such act of rape being committed on her.

10. 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.

11. Let the applicant- Lakshmi Narayan, 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. 3 BAIL No. 30599 of 2025 (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.

12. 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.

13. The bail application is allowed.

14. Pending application (s), if any, shall stand disposed of. September 8, 2025 AS Rathore (Samit Gopal,J.)