High Court · 2025

2. Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant, Sri Vinayak Varma, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Mayank Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 61 of 2025, under Sections 191 (2), 115(2), 352, 316(2), 351(3), 69, 127(4) B.N.S. and Section 9/10 of POCSO Act, Police Station Crossing Republic, District Ghaziabad.

4. The first information report of the present matter was lodged on 01.03.2025 by the victim against the applicant, 03 other named persons and 2-3 unknown persons alleging therein that she was married in the year 2016. The marriage was a love marriage due to which the relationship with her family broke. On 04.10.2017 she gave birth to a child. Subsequently they separated. In the year 2019 through a broker she met the applicant and started talking to him. In the meantime they developed love relationship. She then started living with him in a live-in- relationship along with her son. The applicant used to threaten her, commit rape upon her and torture her. He also used to trouble and fondle with her son.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman who was living with the applicant out of her own sweet-will with her son and the relationship was of a live-in-relationship. It is submitted that the first information report is highly belated in as much as the allegations therein are of the year 2020 but thereafter a complaint for the first time has been made to the police when the present first information report has been lodged. It is submitted that there is no plausible explanation regarding the delay in lodging of the first information report. While placing paragraph 17 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. While placing paragraph 25 of the affidavit it is submitted that the applicant is involved in two other cases. Further two supplementary affidavits have been placed which are on record and the order of bail granted in one of the cases which is also a matrimonial dispute and has been initiated by the wife of the applicant has been placed before the Court. It is submitted that the other case is a case which is a minor offence in which charge-sheet has been submitted under Sections 323, 504, 506 I.P.C. The applicant is in jail since 04.03.2025.

6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant not only tortured, troubled, and sexually assaulted the victim but also troubled the son of the victim. In so far as the factum of live-in-relationship is concerned, the same is not disputed.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major married woman who has separated from her husband. She came in touch with the applicant since 2019 and was in live-in- relationship with him along with her son. The first information report has been lodged on 01.03.2025. The allegations of torture, assault and physical assault is since 2019 but no previous complaint was made.

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- Mayank Gupta, 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 :- 22.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant, Sri Vinayak Varma, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Mayank Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 61 of 2025, under Sections 191 (2), 115(2), 352, 316(2), 351(3), 69, 127(4) B.N.S. and Section 9/10 of POCSO Act, Police Station Crossing Republic, District Ghaziabad.

4. The first information report of the present matter was lodged on 01.03.2025 by the victim against the applicant, 03 other named persons and 2-3 unknown persons alleging therein that she was married in the year 2016. The marriage was a love marriage due to which the relationship with her family broke. On 04.10.2017 she gave birth to a child. Subsequently they separated. In the year 2019 through a broker she met the applicant and started talking to him. In the meantime they developed love relationship. She then started living with him in a live-in- relationship along with her son. The applicant used to threaten her, commit rape upon her and torture her. He also used to trouble and fondle with her son.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman who was living with the applicant out of her own sweet-will with her son and the relationship was of a live-in-relationship. It is submitted that the first information report is highly belated in as much as the allegations therein are of the year 2020 but thereafter a complaint for the first time has been made to the police when the present first information report has been lodged. It is submitted that there is no plausible explanation regarding the delay in lodging of the first information report. While placing paragraph 17 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. While placing paragraph 25 of the affidavit it is submitted that the applicant is involved in two other cases. Further two supplementary affidavits have been placed which are on record and the order of bail granted in one of the cases which is also a matrimonial dispute and has been initiated by the wife of the applicant has been placed before the Court. It is submitted that the other case is a case which is a minor offence in which charge-sheet has been submitted under Sections 323, 504, 506 I.P.C. The applicant is in jail since 04.03.2025.

6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant not only tortured, troubled, and sexually assaulted the victim but also troubled the son of the victim. In so far as the factum of live-in-relationship is concerned, the same is not disputed.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major married woman who has separated from her husband. She came in touch with the applicant since 2019 and was in live-in- relationship with him along with her son. The first information report has been lodged on 01.03.2025. The allegations of torture, assault and physical assault is since 2019 but no previous complaint was made.

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- Mayank Gupta, 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 :- 22.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad