High Court
Case Details
Neutral Citation No. - 2025:AHC:131213 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20329 of 2025 Applicant :- Sheshnath Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.,Parmeshwar Yadav Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Bipin Kumar Tripathi, learned counsel for the applicant, Sri Parmeshwar Yadav, learned counsel for the first informant, Sri Triveni Saran Rai, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant- Sheshnath Jaiswal, seeking enlargement on bail during trial in connection with Case Crime No.77 of 2025, under Sections 64(2)m, 77, 351(2), 352 B.N.S. 2023, P.S. Bhitauli, District Maharajganj. 4. Although a short counter affidavit filed by learned counsel for the first informant is on record but learned counsel for the applicant had previously on 15.7.2025 itself stated that he does not propose to file any response to the same and also to the compliance affidavit of the State which has been recorded in the order of the said date. 5. The FIR of the matter was lodged on 23.4.2025 by the victim against the applicant alleging therein that she lives in Noida and does her studies. In January, 2024 when she was going from Gorakhpur to Noida, the applicant dropped her to the station. Since it was late night, they went to a hotel and had their meals and in the meantime cold-drink mixed with some intoxicating substance was given to her, after drinking the same she became unconscious and then the applicant taking benefit of the same committed rape upon her and made her video. He then on threatening her of making said vide viral, committed said relationship many times. On 14.2.2025 he met her at the house of her sister where there was some function and established physical relationship with her. In the meantime her marriage was fixed with someone but the applicant went there and showed her video and then the said marriage was cancelled. He abused her and threatened her of murder. A 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 victim is a major woman aged about 22 years. The relationship between the applicant and the victim was a consensual relationship which continued from January, 2024. The present FIR has been lodged after inordinate delay inasmuch as the first incident of physical relationship between then was of January, 2024 but the FIR has been lodged on 23.4.2025 which is after about one year and three months of the same. Although in between it is alleged that the applicant established physical relationship with her many times by blackmailing her on the strength of making the said video viral but no complaint whatsoever was made either by the victim or anyone on her behalf to any authorities. It is further submitted that there is no alleged video recovered during investigation. While placing para no.16 of the affidavit in support of bail application, it is submitted that previously the applicant was involved in a case of the year 2016 but has been granted bail by the court concerned, copy of the said order is annexed as annexure no.6 to the affidavit in support of bail application. The applicant is in jail since 25.4.2025. 7. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant submits that the victim is in possession of an alleged video which she was trying to give the Investigating Officer but he has not accepted the same and as such the same is detained by her to be filed before the trial court at the appropriate stage. The application dated 30.6.2025 given by the victim to the Investigating Officer is annexed as Annexure S.C.-2 to the short counter affidavit. It is further submitted that the applicant is named in the FIR and was instrumental in going to the house where the marriage of the victim was fixed and by showing the same video, got the said marriage broken, as such the prayer for bail be rejected. 8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman. The allegation of rape for the first time was January, 2024. The FIR has been lodged on 23.4.2025 which is after about one year and three months from the said date. In between there is an allegation of sexual assault many times but no complaint whatsoever was made either by the victim or anyone on her behalf to any authorities. There is no alleged video recovered during investigation. 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-Sheshnath Jaiswal, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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.
Decision
13. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 5.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad