Allahabad High Court

2. Heard Sri Mahadeo Singh Chandel, learned counsel for the applicant, 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. has been filed by the applicant Monu @ Rahul, seeking enlargement on bail during trial in connection with Case Crime No. 361 of 2025, under Sections 87, 64, 123, 351(3) BNS, registered at Police Station Kotwali Nagar, District Banda.

4. The FIR of the matter was lodged on 16.04.2025 by Rajesh Kumar against the applicant alleging therein that his daughter aged about 19 years went to the college on 12.04.2025 at about 11:00 am. She did not return back home for which he lodged a missing report. On 16.04.2025 at about 08:30 am his daughter called him on phone while crying stated that Monu the applicant has taken her forcibly and is assaulting her and stated that she be saved otherwise he would kill her.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was recovered on 20.04.2025. It is submitted that the victim in her statement recorded under Section 180 BNSS states that on calling by the applicant to her after which she went there and then she was given some substance to eat and then she lost her consciousness and when she regained consciousnesses found herself in Kanpur from where they went to Delhi wherein they stayed 3-4 days. Forcible physical relationship was established by the applicant with her. Then on 20.04.2025 they travelled from Delhi to Bhaua Sumerpur (Hamirpur) and then from Bharua Sumerpur (Hamirpur) she came back on a tempo all alone. It is submitted that the same goes to show that the victim did not make any objection or resistance while travelling with the applicant to various places. It is 2 BAIL No. 30862 of 2025 submitted that the victim in her statement recorded under Section 183 BNSS she reiterated the version as stated by her in her statement under Section 180 BNSS but further adds that the applicant transferred some money from her account to his account. It is submitted that the victim is a major girl and she travelled with the applicant out of her own sweet will. It is submitted that the applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 05.05.2025.

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

7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major girl. She travelled with the applicant to various places without any resistance or opposition and stayed with him. Subsequently the present FIR has been lodged.

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 Monu @ Rahul, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) 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 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 him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on 3 BAIL No. 30862 of 2025 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 him in accordance with law and the trial court may proceed against 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.

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. September 10, 2025 M. ARIF (Samit Gopal,J.)

2. Heard Sri Mahadeo Singh Chandel, learned counsel for the applicant, 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. has been filed by the applicant Monu @ Rahul, seeking enlargement on bail during trial in connection with Case Crime No. 361 of 2025, under Sections 87, 64, 123, 351(3) BNS, registered at Police Station Kotwali Nagar, District Banda.

4. The FIR of the matter was lodged on 16.04.2025 by Rajesh Kumar against the applicant alleging therein that his daughter aged about 19 years went to the college on 12.04.2025 at about 11:00 am. She did not return back home for which he lodged a missing report. On 16.04.2025 at about 08:30 am his daughter called him on phone while crying stated that Monu the applicant has taken her forcibly and is assaulting her and stated that she be saved otherwise he would kill her.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was recovered on 20.04.2025. It is submitted that the victim in her statement recorded under Section 180 BNSS states that on calling by the applicant to her after which she went there and then she was given some substance to eat and then she lost her consciousness and when she regained consciousnesses found herself in Kanpur from where they went to Delhi wherein they stayed 3-4 days. Forcible physical relationship was established by the applicant with her. Then on 20.04.2025 they travelled from Delhi to Bhaua Sumerpur (Hamirpur) and then from Bharua Sumerpur (Hamirpur) she came back on a tempo all alone. It is submitted that the same goes to show that the victim did not make any objection or resistance while travelling with the applicant to various places. It is 2 BAIL No. 30862 of 2025 submitted that the victim in her statement recorded under Section 183 BNSS she reiterated the version as stated by her in her statement under Section 180 BNSS but further adds that the applicant transferred some money from her account to his account. It is submitted that the victim is a major girl and she travelled with the applicant out of her own sweet will. It is submitted that the applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 05.05.2025.

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

7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major girl. She travelled with the applicant to various places without any resistance or opposition and stayed with him. Subsequently the present FIR has been lodged.

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 Monu @ Rahul, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) 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 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 him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on 3 BAIL No. 30862 of 2025 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 him in accordance with law and the trial court may proceed against 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.

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. September 10, 2025 M. ARIF (Samit Gopal,J.)