High Court · 2025

Applicant :- Govind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat),Sofia Khan Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicant, Sri Indra Deo Mishra and Sri hri Ram Rawat, learned counsels for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Govind, seeking enlargement on bail during trial in connection with Case Crime No. 89 of 2024, under Sections 137(2), 70(2) B.N.S. and 5G/6 POCSO Act, Police Station Mansukhpura, District Agra.

4. The first information report of the present matter was lodged on 22.12.2024 by Smt. Preeti against unknown person alleging therein that on 22.12.2024 at about 12.30 am after watching TV they went to sleep. Her daughter aged about 17 years was not found in the house at 5 am when she woke up. She was searched but could not be traced. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim was found at Police Station Sarai Kale Khan, New Delhi on 22.12.2024 itself for which an application was given at the police station where the first information report was lodged by the first informant. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. has stated that she used to talk to a boy who visited the house of her neighbour and had given his mobile number to her. Subsequently on 22.12.2024 at about 6.00 am she left the house on her own all alone and went to Delhi where she tried to contact him but could not succeed and then went at the Police Station Sarai Kale Khan where the police official was present who also tried to contact the said boy but there was no contact and then her parents were informed. It is submitted that subsequently the victim in her statement recorded under Section 183 B.N.S.S. has stated that Akash is her cousin and he forcibly took her in a vehicle in which the applicant and one other person were sitting and then she was taken to Delhi where all the three accused person committed rape upon her. It is submitted that as such the prosecution case is not consistent and the implication of the applicant in the present matter has surfaced for the first time in the statement of the victim recorded under Section 183 B.N.S.S. wherein the applicant is stated to be present in the vehicle in which the cousin brother of the victim had forcibly taken her. It is submitted that the Chief Medical Officer, Agra has opined the age of the victim as 16 years and thus by giving benefit of variation of two years she would be a major. The applicant has no criminal history as stated in para 26 of the affidavit and is in jail since 07.01.2025.

6. Per contra, learned counsel for the first informant learned counsel for the State vehemently opposed the prayer for bail. It is submitted that the victim has taken the name of the applicant in her statement recorded under Section 183 B.N.S.S. and has levelled allegation of rape by three accused persons. It is submitted that the applicant is involved in the present case.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is not named in the first information report, statement of the first informant recorded during investigation and also in the statement of the victim recorded under Section 180 B.N.S.S. Subsequently the name of the applicant surfaces in the statement of the victim recorded under Section 183 B.N.S.S. The story given by the victim in both her statements is in sharp contrast with each other.

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- Govind, 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.

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.

12. Pending application (s), if any, shall stand disposed of. Order Date :- 17.4.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Applicant :- Govind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat),Sofia Khan Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicant, Sri Indra Deo Mishra and Sri hri Ram Rawat, learned counsels for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Govind, seeking enlargement on bail during trial in connection with Case Crime No. 89 of 2024, under Sections 137(2), 70(2) B.N.S. and 5G/6 POCSO Act, Police Station Mansukhpura, District Agra.

4. The first information report of the present matter was lodged on 22.12.2024 by Smt. Preeti against unknown person alleging therein that on 22.12.2024 at about 12.30 am after watching TV they went to sleep. Her daughter aged about 17 years was not found in the house at 5 am when she woke up. She was searched but could not be traced. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim was found at Police Station Sarai Kale Khan, New Delhi on 22.12.2024 itself for which an application was given at the police station where the first information report was lodged by the first informant. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. has stated that she used to talk to a boy who visited the house of her neighbour and had given his mobile number to her. Subsequently on 22.12.2024 at about 6.00 am she left the house on her own all alone and went to Delhi where she tried to contact him but could not succeed and then went at the Police Station Sarai Kale Khan where the police official was present who also tried to contact the said boy but there was no contact and then her parents were informed. It is submitted that subsequently the victim in her statement recorded under Section 183 B.N.S.S. has stated that Akash is her cousin and he forcibly took her in a vehicle in which the applicant and one other person were sitting and then she was taken to Delhi where all the three accused person committed rape upon her. It is submitted that as such the prosecution case is not consistent and the implication of the applicant in the present matter has surfaced for the first time in the statement of the victim recorded under Section 183 B.N.S.S. wherein the applicant is stated to be present in the vehicle in which the cousin brother of the victim had forcibly taken her. It is submitted that the Chief Medical Officer, Agra has opined the age of the victim as 16 years and thus by giving benefit of variation of two years she would be a major. The applicant has no criminal history as stated in para 26 of the affidavit and is in jail since 07.01.2025.

6. Per contra, learned counsel for the first informant learned counsel for the State vehemently opposed the prayer for bail. It is submitted that the victim has taken the name of the applicant in her statement recorded under Section 183 B.N.S.S. and has levelled allegation of rape by three accused persons. It is submitted that the applicant is involved in the present case.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is not named in the first information report, statement of the first informant recorded during investigation and also in the statement of the victim recorded under Section 180 B.N.S.S. Subsequently the name of the applicant surfaces in the statement of the victim recorded under Section 183 B.N.S.S. The story given by the victim in both her statements is in sharp contrast with each other.

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- Govind, 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.

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.

12. Pending application (s), if any, shall stand disposed of. Order Date :- 17.4.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad