High Court · 2025

2. Heard Sri Amit Daga, learned counsel for the applicant, Sri Vindeshwari Prasad, learned counsel for the first informant and Sri V.D. Ojha, learned counsel 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 Sumit Diwakar, seeking enlargement on bail during trial in connection with Case Crime No. 83 of 2025, under Sections 333, 64, 352, 351(2) BNS, 2023, registered at Police Station Mandi Dhanaura, District Amroha.

4. The FIR of the matter was lodged on 25.02.2025 by the victim against the applicant alleging therein that on 23.02.2025 her husband had gone for work and she was alone in the house with her family. She was changing her clothes to go somewhere wherein the applicant came inside and finding her alone caught her from behind and pushed her on the bed and committed rape upon her. On her shout, her son aged about 12 years came there who also raised a shout after which the applicant caught his neck. On hearing shouts, many peoples of nearby came wherein the applicant then while extending threats ran away. When her husband came back she has come with him and her son for lodging of the report.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is a village pradhan and has been implicated only because of village enmity. It is submitted that the victim is a major and a married woman aged about 32 years having a child. It is further submitted that the victim was not found to have received any injury externally or internally during medical examination. It is submitted while placing para 28 of the affidavit that the FIR has been lodged after a delay of about 2 days which is totally unexplained. Further, while placing para 36, 37, 38 and 39 of the affidavit it is submitted that the applicant has been falsely implicated due to the reason that he is a political person and a relative of the husband of the informant had also contested the election who has lost due to which there were an animosity between them. Further it is stated that the informant and her husband were pressurizing the applicant to provide monetary benefit in scheme of Central Government in NAREGA and also was pressurizing him to allot a residential colony in favour of the family members which was refused by the applicant and thus they were annoyed. It is submitted that there were many reasons for animosity between them. It is submitted while placing para 27 of the affidavit that the investigation in the matter has concluded and charge sheet has been submitted against the applicant on 14.04.2025. It is submitted that the applicant has no criminal history as stated in para 46 of the affidavit and is in jail since 07.04.2025.

6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR, in the statements of the victim recorded during investigation and the prosecution case is consistent. It is submitted that in so far as the next election of Panchayat are concerned, the same have not yet notified and as such the animosity as is being pleaded cannot be a substantial ground for false implication. It is submitted that the prayer for bail be rejected.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major married woman aged about 32 years having children. The FIR has been lodged after two days of the incident without any plausible explanation. There is animosity between the parties with regard to election and other counts as pleaded in para 36, 37, 38 and 39 of the affidavit. Investigation in the matter has concluded and a charge sheet has been submitted against the applicant.

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 Sumit Diwakar, 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.

12. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad Order Date :- 21.7.2025/M. ARIF

2. Heard Sri Amit Daga, learned counsel for the applicant, Sri Vindeshwari Prasad, learned counsel for the first informant and Sri V.D. Ojha, learned counsel 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 Sumit Diwakar, seeking enlargement on bail during trial in connection with Case Crime No. 83 of 2025, under Sections 333, 64, 352, 351(2) BNS, 2023, registered at Police Station Mandi Dhanaura, District Amroha.

4. The FIR of the matter was lodged on 25.02.2025 by the victim against the applicant alleging therein that on 23.02.2025 her husband had gone for work and she was alone in the house with her family. She was changing her clothes to go somewhere wherein the applicant came inside and finding her alone caught her from behind and pushed her on the bed and committed rape upon her. On her shout, her son aged about 12 years came there who also raised a shout after which the applicant caught his neck. On hearing shouts, many peoples of nearby came wherein the applicant then while extending threats ran away. When her husband came back she has come with him and her son for lodging of the report.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is a village pradhan and has been implicated only because of village enmity. It is submitted that the victim is a major and a married woman aged about 32 years having a child. It is further submitted that the victim was not found to have received any injury externally or internally during medical examination. It is submitted while placing para 28 of the affidavit that the FIR has been lodged after a delay of about 2 days which is totally unexplained. Further, while placing para 36, 37, 38 and 39 of the affidavit it is submitted that the applicant has been falsely implicated due to the reason that he is a political person and a relative of the husband of the informant had also contested the election who has lost due to which there were an animosity between them. Further it is stated that the informant and her husband were pressurizing the applicant to provide monetary benefit in scheme of Central Government in NAREGA and also was pressurizing him to allot a residential colony in favour of the family members which was refused by the applicant and thus they were annoyed. It is submitted that there were many reasons for animosity between them. It is submitted while placing para 27 of the affidavit that the investigation in the matter has concluded and charge sheet has been submitted against the applicant on 14.04.2025. It is submitted that the applicant has no criminal history as stated in para 46 of the affidavit and is in jail since 07.04.2025.

6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR, in the statements of the victim recorded during investigation and the prosecution case is consistent. It is submitted that in so far as the next election of Panchayat are concerned, the same have not yet notified and as such the animosity as is being pleaded cannot be a substantial ground for false implication. It is submitted that the prayer for bail be rejected.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major married woman aged about 32 years having children. The FIR has been lodged after two days of the incident without any plausible explanation. There is animosity between the parties with regard to election and other counts as pleaded in para 36, 37, 38 and 39 of the affidavit. Investigation in the matter has concluded and a charge sheet has been submitted against the applicant.

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 Sumit Diwakar, 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.

12. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad Order Date :- 21.7.2025/M. ARIF