High Court · 2025

Applicant :- Zulfekar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jeetendra Kesharwani,Sameer Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Ajay Kumar, Advocate holding brief of Sri Jeetendra Kesharwani, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. Counter affidavit dated 14.05.2025 is on record. Para 3 of the said counter affidavit states that notice of the present bail application has been served on the first informant, the proof of service is annexed as annexure 1 to the same. Notice thus is being sufficient. Despite service of notice no one appears on behalf of the first informant.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Zulfekar, seeking enlargement on bail during trial in connection with Case Crime No. 214 of 2024, under Sections 70(2), 351(2) BNS, 2023 and Section 5G/6 of POCSO Act, registered at Police Station Shahzadnagar, District Rampur.

5. The FIR of the matter was lodged on 29.11.2024 by Nanhe against the applicant and three other persons alleging therein that his daughter used to work in the fields and come back by evening. Around five months back she went to the field of Ganga Saran which was taken by him from Zulfekar on sharing basis. In the afternoon, Ganga Saran and her daughter are working thereafter Ganga Saran went for some work and after sometime Zulfekar came there and on a threat by country made pistol raped his daughter. He made a video of it and by threatening her of the said video continued rape on her since last five months. On 27.11.2024 his daughter did not come back home and was searched on which it was told that she was admitted in a nursing home and the informant and other persons reached there and the doctor told him that she was admitted as a case of bleeding and was having pregnancy of about 4-5 months. She was brought to the hospital and the money was given by the applicant for her treatment. She is about 15-16 years. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the Chief Medical Officer concerned opined the age of the victim as 19 years and thus the victim is a major. It is submitted that the FIR has been lodged without any credible evidence. It is submitted that the FIR has been lodged with an unexplained delay inasmuch the victim is stated to be having a pregnancy of 4-5 months and thus the FIR is delayed. It is further submitted that the applicant has no criminal history as stated in para 29 of the affidavit and is in jail since 01.12.2024.

7. Per contra, learned counsel for the State opposed the prayer for bail.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major as per the medical certificate of CMO concerned. The FIR has been lodged after unexplained delay of about five months.

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 Zulfekar, 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.

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 :- 3.7.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

Applicant :- Zulfekar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jeetendra Kesharwani,Sameer Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Ajay Kumar, Advocate holding brief of Sri Jeetendra Kesharwani, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. Counter affidavit dated 14.05.2025 is on record. Para 3 of the said counter affidavit states that notice of the present bail application has been served on the first informant, the proof of service is annexed as annexure 1 to the same. Notice thus is being sufficient. Despite service of notice no one appears on behalf of the first informant.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Zulfekar, seeking enlargement on bail during trial in connection with Case Crime No. 214 of 2024, under Sections 70(2), 351(2) BNS, 2023 and Section 5G/6 of POCSO Act, registered at Police Station Shahzadnagar, District Rampur.

5. The FIR of the matter was lodged on 29.11.2024 by Nanhe against the applicant and three other persons alleging therein that his daughter used to work in the fields and come back by evening. Around five months back she went to the field of Ganga Saran which was taken by him from Zulfekar on sharing basis. In the afternoon, Ganga Saran and her daughter are working thereafter Ganga Saran went for some work and after sometime Zulfekar came there and on a threat by country made pistol raped his daughter. He made a video of it and by threatening her of the said video continued rape on her since last five months. On 27.11.2024 his daughter did not come back home and was searched on which it was told that she was admitted in a nursing home and the informant and other persons reached there and the doctor told him that she was admitted as a case of bleeding and was having pregnancy of about 4-5 months. She was brought to the hospital and the money was given by the applicant for her treatment. She is about 15-16 years. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the Chief Medical Officer concerned opined the age of the victim as 19 years and thus the victim is a major. It is submitted that the FIR has been lodged without any credible evidence. It is submitted that the FIR has been lodged with an unexplained delay inasmuch the victim is stated to be having a pregnancy of 4-5 months and thus the FIR is delayed. It is further submitted that the applicant has no criminal history as stated in para 29 of the affidavit and is in jail since 01.12.2024.

7. Per contra, learned counsel for the State opposed the prayer for bail.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major as per the medical certificate of CMO concerned. The FIR has been lodged after unexplained delay of about five months.

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 Zulfekar, 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.

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 :- 3.7.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad