High Court · 2025

Applicant :- Ranveer Singh Maurya @ Mahakal @ Kashish Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Srivastava,Ashutosh Mishra,Ramesh Kumar Pandey,Vinod Kumar Tripathi Counsel for Opposite Party :- Akanksha Gaur,G.A. Hon'ble Ram Manohar Narayan Mishra,J. Supplementary affidavits filed today on behalf of applicant and also on behalf informant are taken on record. Heard learned counsel for the applicant, Ms. Akanksha Gaur, learned counsel for the informant, learned A.G.A. for the State and perused the record. This is second bail application filed on behalf of the applicant. First bail application was dismissed by the co-ordinate Bench of this Court vide order dated 11.10.2022 on merits. This second bail application has been given by the accused applicant in Case Crime No. 417 of 2022, under Sections 417, 418, 420, 323, 326, 365, 389, 504, 506 I.P.C., P.S.- Hapur Nagar, District Hapur. Pleadings have been exchanged between the parties. Learned counsel for the applicant submitted that the accused applicant has been falsely implicated in this case. FIR in the present case was lodged by moving application under section 156(3) Cr.P.C. dated 24.3.2022 against five named accused persons alongwith some unknown persons. The informant has stated that in the year 2021, his co-villagers Vishal and his mother Poonam came to him and on the pretext of getting him a job took him alongwith them to Shyopur, Madhya Pradesh; they introduced him with Komal and Kashish who are third gender (eunuch); they assured him for getting a job and kept him at their home; Vishal fled away from the place after few days; Komal and Kashish introduced him with some boys and forced him to engage in dancing and singing; when he refused to do these things, Komal and Kashish told him that they have purchased him from Vishal for Rs. 01 lakh and whatever they will ask he has to do; they used to beat him and forced him to make unnatural sex with other persons; they also forced him to teach dancing and got his Aadhar Card and some papers prepared; few months earlier to filing application under section 156(3) Cr.P.C. they took him to some unknown place and got his penis amputated by making him unconscious; he could only know this fact after being awaken; they gave beating to him on 11.3.2022 and 12.3.2022; he was rescued anyhow with assistance of one Rani and reached Hapur on 13.3.2022 by vehicle; his report was not lodged at police station when he met Vishal he abused and threatened him. Learned counsel submitted that co-accused Vishal, who took him to Madhya Pradesh and allegedly sold him to third gender, has already been released on bail by the co-ordinate Bench of this Court on 3.1.2025. He next submitted that the informant has not shown any date of alleged incident of amputation of private organ. In injury report, an old scar is shown at the side of root of penis, penis absent urethral meatus was found; this medical report was issued on 28.3.2022; informant Vishu is himself a transgender and he had been residing in the Aashram of Komal Kinnar at Shyopur, M.P. for the last many years alongwith Kashish, the applicant and Rani Kinnar. In the night of 12.3.2022 at 9:00 pm Vishu served tea to all three persons and when they got asleep under effect of some drugs mixed in the said tea, then they found in the morning that a sum of Rs. 90,000/-, valuable ornaments were stolen by him for which Komal Kinnar got FIR registered on 23.3.2022 under sections 457, 380 IPC at Police Station Shyopur, M.P. being Case Crime no. 91 of 2022 and present FIR has been lodged thereafter through application under section 156(3) Cr.P.C. bearing date 24.3.2022 as a counterblast and to make a defense against said FIR of theft. Present informant was arrested in the said FIR by MP police on 4.5.2022. He lastly submitted that as Section 15(3) of Indian Medical Council Act was added in the charge- sheet, trial is being held in court of sessions and out of 22-23 witnesses named in the charge-sheet in which only one witness informant/ aggrieved Vishu has been examined so far and it might take long time to conclude the trial. The applicant is in jail since 8.7.2022 i.e. for more than 2 years and 10 months. Therefore, the applicant deserves to be released on bail on the ground of long custody. He next submitted that even a number of ornaments related to alleged theft committed by the informant at the place of applicant and co-accused Komal Kinnar were recovered from the possession of present informant and an order has been passed in this regard by court concerned in Shyopur, M.P. regarding their entrustment. Learned counsel for the applicant has placed reliance on judgement of Hon'ble Supreme Court in Sheikh Javed Ikbal @ Ashfaq Ansari @ Javed Ansari vs. State of Uttar Pradesh, 2024 8 SCC 293, wherein it is held that " It is trite law that an accused is entitled to a speedy trial. This Court in a catena of judgments has held that an accused or an under trial has a fundamental right to speedy trial which is traceable to Article 21 of the Constitution of India. If the alleged offence is a serious one, it is all the more necessary for the prosecution to ensure that the trial is concluded expeditiously. When a trial gets prolonged, it is not open to the prosecution to oppose bail of the accused- under trial on the ground that the charges are very serious. Bail cannot be denied only on the ground that the charges are very serious though there is no end in sight for the trial to conclude." In present case also the accused applicant is held in jail custody since 8.7.2022 i.e. more than 2 years and 10 months and trial is not likely to be concluded in near future keeping in view large number of witnesses named in the charge-sheet and so far evidence of PW- 1 informant has been recorded and no custodial interrogation is required; there is nothing to hold that in case of grant of bail the applicant may influence the witnesses or tamper with the evidence. He undertakes that he will not misuse the liberty of bail and cooperate in trial. Informant is also an accused in theft case lodged one day prior to filing of application under section 156(3) Cr.P.C. by the present informant at the instance of co-accused Komal Kinnar. Per contra, learned counsel for respondent no. 2 and learned AGA vehemently opposed the bail and submitted that this is heinous offence; the applicant and co-accused Komal who are Kinnar (eunuch) had got his male organ amputated by playing deception of informant resulting his life spoil. They gave beating and ill- treatment to him when he was detained at their place. The informant has given explanation of delay in application under section 156(3) Cr.P.C. itself. First bail application of the applicant has already been dismissed on merits and no new ground has been taken in second bail application. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail. Let applicant Ranveer Singh Maurya @ Mahakal @ Kashish be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ court concerned, subject to following conditions:- (i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. 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. Order Date :- 22.5.2025 Dhirendra/ DHIRENDRA KUMAR High Court of Judicature at Allahabad

Applicant :- Ranveer Singh Maurya @ Mahakal @ Kashish Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Srivastava,Ashutosh Mishra,Ramesh Kumar Pandey,Vinod Kumar Tripathi Counsel for Opposite Party :- Akanksha Gaur,G.A. Hon'ble Ram Manohar Narayan Mishra,J. Supplementary affidavits filed today on behalf of applicant and also on behalf informant are taken on record. Heard learned counsel for the applicant, Ms. Akanksha Gaur, learned counsel for the informant, learned A.G.A. for the State and perused the record. This is second bail application filed on behalf of the applicant. First bail application was dismissed by the co-ordinate Bench of this Court vide order dated 11.10.2022 on merits. This second bail application has been given by the accused applicant in Case Crime No. 417 of 2022, under Sections 417, 418, 420, 323, 326, 365, 389, 504, 506 I.P.C., P.S.- Hapur Nagar, District Hapur. Pleadings have been exchanged between the parties. Learned counsel for the applicant submitted that the accused applicant has been falsely implicated in this case. FIR in the present case was lodged by moving application under section 156(3) Cr.P.C. dated 24.3.2022 against five named accused persons alongwith some unknown persons. The informant has stated that in the year 2021, his co-villagers Vishal and his mother Poonam came to him and on the pretext of getting him a job took him alongwith them to Shyopur, Madhya Pradesh; they introduced him with Komal and Kashish who are third gender (eunuch); they assured him for getting a job and kept him at their home; Vishal fled away from the place after few days; Komal and Kashish introduced him with some boys and forced him to engage in dancing and singing; when he refused to do these things, Komal and Kashish told him that they have purchased him from Vishal for Rs. 01 lakh and whatever they will ask he has to do; they used to beat him and forced him to make unnatural sex with other persons; they also forced him to teach dancing and got his Aadhar Card and some papers prepared; few months earlier to filing application under section 156(3) Cr.P.C. they took him to some unknown place and got his penis amputated by making him unconscious; he could only know this fact after being awaken; they gave beating to him on 11.3.2022 and 12.3.2022; he was rescued anyhow with assistance of one Rani and reached Hapur on 13.3.2022 by vehicle; his report was not lodged at police station when he met Vishal he abused and threatened him. Learned counsel submitted that co-accused Vishal, who took him to Madhya Pradesh and allegedly sold him to third gender, has already been released on bail by the co-ordinate Bench of this Court on 3.1.2025. He next submitted that the informant has not shown any date of alleged incident of amputation of private organ. In injury report, an old scar is shown at the side of root of penis, penis absent urethral meatus was found; this medical report was issued on 28.3.2022; informant Vishu is himself a transgender and he had been residing in the Aashram of Komal Kinnar at Shyopur, M.P. for the last many years alongwith Kashish, the applicant and Rani Kinnar. In the night of 12.3.2022 at 9:00 pm Vishu served tea to all three persons and when they got asleep under effect of some drugs mixed in the said tea, then they found in the morning that a sum of Rs. 90,000/-, valuable ornaments were stolen by him for which Komal Kinnar got FIR registered on 23.3.2022 under sections 457, 380 IPC at Police Station Shyopur, M.P. being Case Crime no. 91 of 2022 and present FIR has been lodged thereafter through application under section 156(3) Cr.P.C. bearing date 24.3.2022 as a counterblast and to make a defense against said FIR of theft. Present informant was arrested in the said FIR by MP police on 4.5.2022. He lastly submitted that as Section 15(3) of Indian Medical Council Act was added in the charge- sheet, trial is being held in court of sessions and out of 22-23 witnesses named in the charge-sheet in which only one witness informant/ aggrieved Vishu has been examined so far and it might take long time to conclude the trial. The applicant is in jail since 8.7.2022 i.e. for more than 2 years and 10 months. Therefore, the applicant deserves to be released on bail on the ground of long custody. He next submitted that even a number of ornaments related to alleged theft committed by the informant at the place of applicant and co-accused Komal Kinnar were recovered from the possession of present informant and an order has been passed in this regard by court concerned in Shyopur, M.P. regarding their entrustment. Learned counsel for the applicant has placed reliance on judgement of Hon'ble Supreme Court in Sheikh Javed Ikbal @ Ashfaq Ansari @ Javed Ansari vs. State of Uttar Pradesh, 2024 8 SCC 293, wherein it is held that " It is trite law that an accused is entitled to a speedy trial. This Court in a catena of judgments has held that an accused or an under trial has a fundamental right to speedy trial which is traceable to Article 21 of the Constitution of India. If the alleged offence is a serious one, it is all the more necessary for the prosecution to ensure that the trial is concluded expeditiously. When a trial gets prolonged, it is not open to the prosecution to oppose bail of the accused- under trial on the ground that the charges are very serious. Bail cannot be denied only on the ground that the charges are very serious though there is no end in sight for the trial to conclude." In present case also the accused applicant is held in jail custody since 8.7.2022 i.e. more than 2 years and 10 months and trial is not likely to be concluded in near future keeping in view large number of witnesses named in the charge-sheet and so far evidence of PW- 1 informant has been recorded and no custodial interrogation is required; there is nothing to hold that in case of grant of bail the applicant may influence the witnesses or tamper with the evidence. He undertakes that he will not misuse the liberty of bail and cooperate in trial. Informant is also an accused in theft case lodged one day prior to filing of application under section 156(3) Cr.P.C. by the present informant at the instance of co-accused Komal Kinnar. Per contra, learned counsel for respondent no. 2 and learned AGA vehemently opposed the bail and submitted that this is heinous offence; the applicant and co-accused Komal who are Kinnar (eunuch) had got his male organ amputated by playing deception of informant resulting his life spoil. They gave beating and ill- treatment to him when he was detained at their place. The informant has given explanation of delay in application under section 156(3) Cr.P.C. itself. First bail application of the applicant has already been dismissed on merits and no new ground has been taken in second bail application. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail. Let applicant Ranveer Singh Maurya @ Mahakal @ Kashish be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ court concerned, subject to following conditions:- (i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. 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. Order Date :- 22.5.2025 Dhirendra/ DHIRENDRA KUMAR High Court of Judicature at Allahabad