High Court · 2025

2. Sri R.B. Singh, learned counsel for the applicant, Sri Ghan Shyam Yadav, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for State are present.

3. This matter has been nominated to another Bench of this court vide order dated 24.03.2025 by Hon'ble The Chief Justice.

4. The office through its office report dated 30.06.2025 relying upon the administrative order 20.06.2019 passed by Hon'ble The Chief Justice has reported that the instant bail application is put up before the Bench dealing with such matter. The said administrative order has also been placed by the office on record, a perusal of which goes to show that the matter shall be placed before the appropriate Bench dealing with roster if the matters nominated are released by the said Bench.

5. In view of the same, office shall again go through the administrative order dated 20.06.2019 and give a fresh report and list the matter before the appropriate Bench, if possible on 17.07.2025 as fresh."

3. Office through its report dated 16.7.2025 has placed the report of office dated 16.7.2025, perusal of which goes to show that it is reported in its para no. 4 that the matter was released by earlier Bench and in the light of the Administrative Order dated 20.6.2019 of Hon'ble The Chief Justice, nomination dated 24.3.2025 has discharged and thus the present matter is listed before this Court.

4. The Court thus proceeds to hear the matter.

5. Heard Sri Nikhil Tripathi, Advocate, holding brief of Sri R.B. Singh, learned counsel for the applicant, Sri Ghan Shyam Yadav, learned counsel for the first informant/opposite party no. 2, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

6. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Suhail, seeking enlargement on bail during trial in connection with Case Crime No. 606 of 2024, under Section(s) 64 B.N.S. and Section 3/4 POCSO Act, registered at P.S. Kairna, District- Shamli.

7. The F.I.R. of the matter was lodged on 10.10.2024 by Asmin against the applicant alleging therein that on 08.10.2024 at about 11:00 pm he had gone for work. His wife and children were in the house wherein the applicant came and made his wife to smell something, after which she slept. He then took his daughter and went towards jungle and committed rape upon her. He then in the night left her back in the house and ran away. He told his daughter that he will keep a mobile infront of house on which he would talk to her. On 09.10.2024 in the morning when his wife regained consciousness then his daughter told her about the incident.

8. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim as per radiological examination has been opined to be about 17-18 years of age and thus she is major. It is submitted that the medical examination does not support the allegation of rape since the doctor did not find any injury either on her person or on her private parts. It is submitted that the victim as per her statement recorded during investigation, was taken away on a motorcycle by the applicant but she did not raise any alarm or object the same. It is argued that the applicant has no other criminal antecedents as stated in para-5 of the affidavit and is in jail since 03.1.2025.

9. Per contra, learned State counsel and learned counsel for the opposite party no.2/first informant opposed the prayer for bail.

10. After having heard learned counsels for the parties and perusing the record, it is evident that the victim as per radiological examination has been opined to be about 17-18 years of age and as such she is major. As per statement of the victim, she was taken away on a motorcycle by the applicant but she did not raise any objection or opposition.

11. 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.

12. Let the applicant- Suhail, 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 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 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.

13. 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.

14. The bail application is allowed.

15. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 17.7.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad

2. Sri R.B. Singh, learned counsel for the applicant, Sri Ghan Shyam Yadav, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for State are present.

3. This matter has been nominated to another Bench of this court vide order dated 24.03.2025 by Hon'ble The Chief Justice.

4. The office through its office report dated 30.06.2025 relying upon the administrative order 20.06.2019 passed by Hon'ble The Chief Justice has reported that the instant bail application is put up before the Bench dealing with such matter. The said administrative order has also been placed by the office on record, a perusal of which goes to show that the matter shall be placed before the appropriate Bench dealing with roster if the matters nominated are released by the said Bench.

5. In view of the same, office shall again go through the administrative order dated 20.06.2019 and give a fresh report and list the matter before the appropriate Bench, if possible on 17.07.2025 as fresh."

3. Office through its report dated 16.7.2025 has placed the report of office dated 16.7.2025, perusal of which goes to show that it is reported in its para no. 4 that the matter was released by earlier Bench and in the light of the Administrative Order dated 20.6.2019 of Hon'ble The Chief Justice, nomination dated 24.3.2025 has discharged and thus the present matter is listed before this Court.

4. The Court thus proceeds to hear the matter.

5. Heard Sri Nikhil Tripathi, Advocate, holding brief of Sri R.B. Singh, learned counsel for the applicant, Sri Ghan Shyam Yadav, learned counsel for the first informant/opposite party no. 2, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

6. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Suhail, seeking enlargement on bail during trial in connection with Case Crime No. 606 of 2024, under Section(s) 64 B.N.S. and Section 3/4 POCSO Act, registered at P.S. Kairna, District- Shamli.

7. The F.I.R. of the matter was lodged on 10.10.2024 by Asmin against the applicant alleging therein that on 08.10.2024 at about 11:00 pm he had gone for work. His wife and children were in the house wherein the applicant came and made his wife to smell something, after which she slept. He then took his daughter and went towards jungle and committed rape upon her. He then in the night left her back in the house and ran away. He told his daughter that he will keep a mobile infront of house on which he would talk to her. On 09.10.2024 in the morning when his wife regained consciousness then his daughter told her about the incident.

8. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim as per radiological examination has been opined to be about 17-18 years of age and thus she is major. It is submitted that the medical examination does not support the allegation of rape since the doctor did not find any injury either on her person or on her private parts. It is submitted that the victim as per her statement recorded during investigation, was taken away on a motorcycle by the applicant but she did not raise any alarm or object the same. It is argued that the applicant has no other criminal antecedents as stated in para-5 of the affidavit and is in jail since 03.1.2025.

9. Per contra, learned State counsel and learned counsel for the opposite party no.2/first informant opposed the prayer for bail.

10. After having heard learned counsels for the parties and perusing the record, it is evident that the victim as per radiological examination has been opined to be about 17-18 years of age and as such she is major. As per statement of the victim, she was taken away on a motorcycle by the applicant but she did not raise any objection or opposition.

11. 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.

12. Let the applicant- Suhail, 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 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 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.

13. 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.

14. The bail application is allowed.

15. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 17.7.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad