High Court
Case Details
Neutral Citation No. - 2025:AHC:102292 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4572 of 2025 Applicant :- Vijay Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Shankar Kaithal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Shiv Shankar Kaithal, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned AGA 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 Vijay Gautam, seeking enlargement on bail during trial in connection with Case Crime No. 245 of 2024, under Section(s) 64(1), 352, 351(2)(3) B.N.S. and 67 I.T. Act, registered at P.S. Gajner, District Kanpur Dehat. 4. The F.I.R. of the present matter was lodged on 15.10.2024 for the offence under Sections 67 I.T. Act & under Sections 352, 351(2), 351(3) B.N.S., 2023 by Smt. Rammurti against the applicant alleging therein that her daughter aged about 19 years was being sent messages from different I.D. on Instagram by Vijay Gautam (the present applicant) who is brother-in-law of her brother Phool Singh. He threatened her that if she does not talk to him, he shall make objectionable photo and make it viral. When complaint about it was made to the mother of Vijay Gautam she then abused her and threatened her. A report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that during investigation the statement of the victim was recorded under Section 180 B.N.S.S. in which for the first time she stated that on false promise to marry she was called in OYO hotel by the applicant wherein he established physical relationship with her. He also captured her photograph and made video of the same and used to threaten her. It is submitted that then the present case was converted into a case under Sections 64(1), 352, 351(2)(3) B.N.S. and 67 I.T. Act. It is submitted that the fact that there has been sexual assault on the victim has come in the present matter for the first time when the statement of the victim was recorded during investigation under Section 180 B.N.S.S. It is submitted that the victim was produced for medical examination before the doctor but she was not willing for her internal examination and even in her statement recorded under Section 183 B.N.S.S. she reiterated the same version as given earlier. It is submitted that as per the F.I.R. the victim is aged about 19 years and as such she is a major girl. It is submitted that the present case is a case of consent where the victim went with the applicant to various places including restaurant and hotel and has spent time with him and subsequently when the relationship between them turned sour, the allegation was levelled by her of sexual assault. It is submitted that the applicant has no other criminal antecedents as stated in para-17 & 18 of the affidavit and is in jail since 19.10.2024. 6. Per contra, learned State counsel opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the F.I.R. was lodged under Sections under Sections 67 I.T. Act & under Sections 352, 351(2), 351(3) B.N.S., 2023 initially. There was no allegation of sexual assault in the same at the first instance. Subsequently in the statement of the victim recorded during investigation under Section 180 B.N.S.S. she states of sexual assault on her by the applicant on the pretext to marry her. The present case then was converted into Section(s) 64(1), 352, 351(2)(3) B.N.S. and 67 I.T. Act. The victim as per the F.I.R. is a major girl. 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- Vijay Gautam, 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. 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.
Decision
12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 1.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad