High Court · 2025

Applicant :- Amaan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Astha Misra,Avneesh Tripathi Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Avneesh Tripathi, learned counsel for the applicant, Sri Gaurav Srivastava, Advocate holding brief of Sri Rajesh Kumar Srivastava, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on records.

3. Learned counsel for the first informant submits that the Vakalatnama of Sri Rajesh Kumar Srivastava has been filed in the office on 22.01.2025. The same is not on record. Office is directed to trace out the same and place it on record and make a note in the order-sheet about it.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Amaan, seeking enlargement on bail during trial in connection with Case Crime No. 0741 of 2024, under Sections 69, 109(1), 115(2), 352, 351 (2) B.N.S. and Section 3/25 Arms Act, Police Station Tajganj, District Agra.

5. The first information report of the present matter was lodged on 02.11.2024 by Raees Ahmad against the applicant and 03 other persons alleging therein that his daughter aged about 22 years was lured by his neighbour Amaan and on a false pretext to marry was sexually exploited for a long time. The accused also prepared some obscene videos of his daughter and was blackmailing her. He has also taken Rs. 6 lakh from her. When he discovered that Rs. 6 lakh is short from the money which he had kept from sale of a plot then he inquired about it in his house and then his daughter told him about the incident. He then on 28.10.2024 along with other relatives went to the house of the applicant for making a complaint wherein they were abused. On opposing it the accused persons assaulted them. They with great difficulty saved themselves and ran away. Even firing was done on them but they got saved. The accused persons are in possession of obscene videos of his daughter. The first information 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 submitted that the first information report with an unexplained delay of about 02 years in as much as the victim in her statement recorded under Section 183 B.N.S.S. has stated that she knows the applicant since the last two years and about two months back he took her to a place and offered her coffee after which she became unconscious and then she was raped. The video of the incident was captured which was shown to her and she was blackmailed and Rs. 6 lakh was taken by her. It is further submitted that the victim in her statement recorded under Section 180 B.N.S.S. states that she is aged about 22 years and the applicant on a false pretext to marry her has indulged in physical relation with her and also captured videos about the incident. They indulged in physical relation for about 45 times at various places being hotel, the house of the victim and other places. She has given Rs. 6 lakh to the applicant. It is submitted that the present case is a case of consent and it was only with malafide intentions, the present first information report has been lodged. It is further submitted that although the victim has in her statement recorded under Section 183 B.N.S.S. stated that she wants to get her medical examination done but when she was produced before the doctor for her medical examination on 05.11.2024 she refused the same and stated that she went with the applicant out of her own sweet-will and he did not commit any illegal act on her and as such she does not want to get her internal examination done. The applicant has no criminal history as stated in para 51 of the affidavit and is in jail since 26.12.2024.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the first information report and also in the statements of the victim recorded under Section 180 B.N.S.S. and under Section 183 B.N.S.S. and there are allegation of the applicant indulging in physical relation with the victim. It is submitted that the applicant had also taken huge amount of money from the victim which has been stated by her during the investigation.

8. After having heard learned counsel for the parties and perusing the record, it is evident that as per the prosecution case, the victim is a major aged about 22 years. There had been relationship between the applicant and the victim for some years. They indulged in physical relation also. Subsequently the first information report has been lodged.

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- Amaan, 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 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.

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. Order Date :- 8.4.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Applicant :- Amaan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Astha Misra,Avneesh Tripathi Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Avneesh Tripathi, learned counsel for the applicant, Sri Gaurav Srivastava, Advocate holding brief of Sri Rajesh Kumar Srivastava, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on records.

3. Learned counsel for the first informant submits that the Vakalatnama of Sri Rajesh Kumar Srivastava has been filed in the office on 22.01.2025. The same is not on record. Office is directed to trace out the same and place it on record and make a note in the order-sheet about it.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Amaan, seeking enlargement on bail during trial in connection with Case Crime No. 0741 of 2024, under Sections 69, 109(1), 115(2), 352, 351 (2) B.N.S. and Section 3/25 Arms Act, Police Station Tajganj, District Agra.

5. The first information report of the present matter was lodged on 02.11.2024 by Raees Ahmad against the applicant and 03 other persons alleging therein that his daughter aged about 22 years was lured by his neighbour Amaan and on a false pretext to marry was sexually exploited for a long time. The accused also prepared some obscene videos of his daughter and was blackmailing her. He has also taken Rs. 6 lakh from her. When he discovered that Rs. 6 lakh is short from the money which he had kept from sale of a plot then he inquired about it in his house and then his daughter told him about the incident. He then on 28.10.2024 along with other relatives went to the house of the applicant for making a complaint wherein they were abused. On opposing it the accused persons assaulted them. They with great difficulty saved themselves and ran away. Even firing was done on them but they got saved. The accused persons are in possession of obscene videos of his daughter. The first information 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 submitted that the first information report with an unexplained delay of about 02 years in as much as the victim in her statement recorded under Section 183 B.N.S.S. has stated that she knows the applicant since the last two years and about two months back he took her to a place and offered her coffee after which she became unconscious and then she was raped. The video of the incident was captured which was shown to her and she was blackmailed and Rs. 6 lakh was taken by her. It is further submitted that the victim in her statement recorded under Section 180 B.N.S.S. states that she is aged about 22 years and the applicant on a false pretext to marry her has indulged in physical relation with her and also captured videos about the incident. They indulged in physical relation for about 45 times at various places being hotel, the house of the victim and other places. She has given Rs. 6 lakh to the applicant. It is submitted that the present case is a case of consent and it was only with malafide intentions, the present first information report has been lodged. It is further submitted that although the victim has in her statement recorded under Section 183 B.N.S.S. stated that she wants to get her medical examination done but when she was produced before the doctor for her medical examination on 05.11.2024 she refused the same and stated that she went with the applicant out of her own sweet-will and he did not commit any illegal act on her and as such she does not want to get her internal examination done. The applicant has no criminal history as stated in para 51 of the affidavit and is in jail since 26.12.2024.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the first information report and also in the statements of the victim recorded under Section 180 B.N.S.S. and under Section 183 B.N.S.S. and there are allegation of the applicant indulging in physical relation with the victim. It is submitted that the applicant had also taken huge amount of money from the victim which has been stated by her during the investigation.

8. After having heard learned counsel for the parties and perusing the record, it is evident that as per the prosecution case, the victim is a major aged about 22 years. There had been relationship between the applicant and the victim for some years. They indulged in physical relation also. Subsequently the first information report has been lodged.

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- Amaan, 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 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.

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. Order Date :- 8.4.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad