High Court · 2025

2. Heard Sri Mahendra Pratap Singh, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record. Sri Dhirendra Kumar Verma and Ms. Renu Swarnkar, learned counsels for the first informant are not present even when the matter has been taken up in the revised list.

3. Vakalatnama of Sri Dhirendra Kumar Verma and Ms. Renu Swarnkar, learned counsels for the first informant is not on record despite their names being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet regarding the same.

4. This bail application under Section 483 BNSS has been filed by the applicant-Shanu Kuraisi @ Shahanwaz, seeking enlargement on bail during trial in connection with Case Crime No.489 of 2024, under Sections 70(1), 89, 303(2), 127(2), 351(2) BNS registered at P.S.Naubasta, District Kanpur Nagar.

5. The FIR of the matter was lodged on 8.11.2024 by the victim herself against the applicant and three other persons alleging therein that her husband Neeraj Dubey died in the year 2006. She was maintaining her son by working in the houses. In the year 2019, the applicant presenting himself to be Hindu, met her and started helping her son and used to visit her house. Subsequently on a false promise to marry, the applicant indulged in physical relationship with her and the applicant started living in her house. One day she found his adhar card in which she saw his name and then she opposed it on which he assured her to marry and established physical relationship with her. In the meantime she became pregnant 3-4 times and all the time he got the same aborted and got his name entered in the hospital as her husband. On her pressure to marry, he took her to his house where he committed rape upon her and then other accused persons also committed rape upon her after which again he committed rape and video was also made. The applicant went away while taking cash and gold jewellery. 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 argued that the victim is a widow and a major woman. It is further argued that the relationship between the applicant and the victim was consensual. It is further argued that the victim asked for money from the applicant which was refused and then the present FIR has been lodged. It is further argued that the applicant and the victim were in relationship since last about five years and there was no complaint whatsoever. It has also been pointed out that the applicant is not having any criminal history as stated in para 22 of the affidavit. The applicant is in jail since 9.11.2024.

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 widow and a major woman. The relationship between the applicant and the victim was consensual. The applicant and the victim were in relationship since last about five years.

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-Shanu Kuraisi @ Shahanwaz, 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 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. (Samit Gopal, J.) Order Date :- 7.5.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Mahendra Pratap Singh, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record. Sri Dhirendra Kumar Verma and Ms. Renu Swarnkar, learned counsels for the first informant are not present even when the matter has been taken up in the revised list.

3. Vakalatnama of Sri Dhirendra Kumar Verma and Ms. Renu Swarnkar, learned counsels for the first informant is not on record despite their names being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet regarding the same.

4. This bail application under Section 483 BNSS has been filed by the applicant-Shanu Kuraisi @ Shahanwaz, seeking enlargement on bail during trial in connection with Case Crime No.489 of 2024, under Sections 70(1), 89, 303(2), 127(2), 351(2) BNS registered at P.S.Naubasta, District Kanpur Nagar.

5. The FIR of the matter was lodged on 8.11.2024 by the victim herself against the applicant and three other persons alleging therein that her husband Neeraj Dubey died in the year 2006. She was maintaining her son by working in the houses. In the year 2019, the applicant presenting himself to be Hindu, met her and started helping her son and used to visit her house. Subsequently on a false promise to marry, the applicant indulged in physical relationship with her and the applicant started living in her house. One day she found his adhar card in which she saw his name and then she opposed it on which he assured her to marry and established physical relationship with her. In the meantime she became pregnant 3-4 times and all the time he got the same aborted and got his name entered in the hospital as her husband. On her pressure to marry, he took her to his house where he committed rape upon her and then other accused persons also committed rape upon her after which again he committed rape and video was also made. The applicant went away while taking cash and gold jewellery. 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 argued that the victim is a widow and a major woman. It is further argued that the relationship between the applicant and the victim was consensual. It is further argued that the victim asked for money from the applicant which was refused and then the present FIR has been lodged. It is further argued that the applicant and the victim were in relationship since last about five years and there was no complaint whatsoever. It has also been pointed out that the applicant is not having any criminal history as stated in para 22 of the affidavit. The applicant is in jail since 9.11.2024.

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 widow and a major woman. The relationship between the applicant and the victim was consensual. The applicant and the victim were in relationship since last about five years.

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-Shanu Kuraisi @ Shahanwaz, 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 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. (Samit Gopal, J.) Order Date :- 7.5.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad