Ayush Tiwari v. Party

1. Heard learned counsel for applicant, learned A.G.A. for State and perused the material brought on record.

2. The present third bail application has been filed on behalf of applicant in Case Crime No.765 of 2022, under Sections 376-D, 506 IPC, Section 5/6 of POCSO Act and Section 66/67 I.T. Act, Police Station Kalyanpur, District Kanpur Nagar, with the prayer to enlarge the applicant on bail.

3. The first bail application of applicant was rejected by this Court on merits vide order dated 19.04.2023. The second bail application of applicant was rejected by this Court vide order dated 22.02.2024, which is reproduced as below: "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

2. The present second bail application has been filed by the applicant in Case crime No. 765 of 2022, under Sections - 376-D, 506 I.P.C. and 5/6 POCSO Act and Section - 66/67 I.T. Act, Police Station - Kalyanpur, District - Kanpur Nagar with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court, vide order dated 19.04.2023.

3. It has been argued by learned counsel for applicant/accused that applicant/accused is innocent and he has been falsely implicated in this case. It was submitted in the first information report that there is no allegation of rape but despite that the first information report was registered under Section 376 IPC, which shows influence of the informant. There is no medical examination report of victim girl. In her statement under Section - 161 Cr.P.C., victim girl has developed false version that applicant has 2 BAIL No. 19315 of 2025 established physical relations with her. The statement of victim, recorded under Section 164 Cr.P.C., was also referred and it was submitted that allegations made against the applicant are thoroughly false.

4. It is further submitted that first bail application of applicant was rejected by this Court vide order dated

19.04.2023 and after that co-accused Awas Joshi has been granted bail by the co-ordinate Bench of this Court vide order dated 26.07.2023. Lastly, it was submitted that applicant is in judicial custody since

05.01.2023, having no criminal history, and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

5. Learned A.G.A. has opposed the prayer for bail and submitted that in view of allegations made by the victim in her statement under Section - 164 Cr.P.C, the case of applicant-accused is distinguished from said co-accused Awas Joshi. It was pointed out that there are serious allegations against applicant and the statement of victim is yet to be recorded before the trial court. It was further submitted that first bail application of the applicant has already been rejected by this Court.

6. Considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the case, without expressing any opinion on merits, no case for bail is made out.

7. Accordingly, the instant second bail application filed on behalf of applicant Ayush Tiwari is rejected.

8. However, keeping in view the period of detention of the applicant, the Trial Court is directed to expedite the trial and to conclude the same as early as possible, preferably within a period of nine months from the date of receipt of copy of this order, if there is no legal impediment.

9. A copy of this order be forwarded to the concerned trial court for necessary compliance."

4. Learned counsel for applicant submitted that in the first information report no allegation of rape was levelled against applicant and during investigation the victim has developed a false version regarding rape by applicant. The medical examination of victim does not support her allegations. Recovery of alleged video has been shown from co-accused Awas Joshi, who has already been granted bail. There are contradictions and inconsistencies in statement of victim. As per High School Certificate, the age of victim was more than 17 years.

5. It is further submitted that second bail application of applicant was rejected by this Court vide order dated 22.02.2024 and trial court was directed to expedite the trial and to conclude the same as early as possible, preferably within a period of nine months but the trial has not been 3 BAIL No. 19315 of 2025 concluded so far. Statements of victim girl has already been recorded before the trial court and thus there is no possibility of tampering with evidence. It was stated that applicant is in jail since 05.01.2023 and that trial of the case is likely take sufficient long time. It was stated that applicant has no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

6. On the other hand, learned A.G.A. has opposed the prayer for bail and submitted that victim has made allegations of rape against applicant.

7. I have considered the submissions and perused the record.

8. Considering the submissions of learned counsel for the parties and all attending facts, particularly period of detention and stage of trial, without expressing any opinion on the merits, a case for bail is made out. Hence, the present third bail application is hereby allowed.

9. Let the applicant Ayush Tiwari involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant shall not tamper with the evidence during trial. ii. The applicant shall not pressurize/intimidate the prosecution witnesses. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

10. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. September 24, 2025 CS/- (Raj Beer Singh,J.) CHANDAN SINGH High Court of Judicature at Allahabad

1. Heard learned counsel for applicant, learned A.G.A. for State and perused the material brought on record.

2. The present third bail application has been filed on behalf of applicant in Case Crime No.765 of 2022, under Sections 376-D, 506 IPC, Section 5/6 of POCSO Act and Section 66/67 I.T. Act, Police Station Kalyanpur, District Kanpur Nagar, with the prayer to enlarge the applicant on bail.

3. The first bail application of applicant was rejected by this Court on merits vide order dated 19.04.2023. The second bail application of applicant was rejected by this Court vide order dated 22.02.2024, which is reproduced as below: "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

2. The present second bail application has been filed by the applicant in Case crime No. 765 of 2022, under Sections - 376-D, 506 I.P.C. and 5/6 POCSO Act and Section - 66/67 I.T. Act, Police Station - Kalyanpur, District - Kanpur Nagar with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court, vide order dated 19.04.2023.

3. It has been argued by learned counsel for applicant/accused that applicant/accused is innocent and he has been falsely implicated in this case. It was submitted in the first information report that there is no allegation of rape but despite that the first information report was registered under Section 376 IPC, which shows influence of the informant. There is no medical examination report of victim girl. In her statement under Section - 161 Cr.P.C., victim girl has developed false version that applicant has 2 BAIL No. 19315 of 2025 established physical relations with her. The statement of victim, recorded under Section 164 Cr.P.C., was also referred and it was submitted that allegations made against the applicant are thoroughly false.

4. It is further submitted that first bail application of applicant was rejected by this Court vide order dated

19.04.2023 and after that co-accused Awas Joshi has been granted bail by the co-ordinate Bench of this Court vide order dated 26.07.2023. Lastly, it was submitted that applicant is in judicial custody since

05.01.2023, having no criminal history, and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

5. Learned A.G.A. has opposed the prayer for bail and submitted that in view of allegations made by the victim in her statement under Section - 164 Cr.P.C, the case of applicant-accused is distinguished from said co-accused Awas Joshi. It was pointed out that there are serious allegations against applicant and the statement of victim is yet to be recorded before the trial court. It was further submitted that first bail application of the applicant has already been rejected by this Court.

6. Considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the case, without expressing any opinion on merits, no case for bail is made out.

7. Accordingly, the instant second bail application filed on behalf of applicant Ayush Tiwari is rejected.

8. However, keeping in view the period of detention of the applicant, the Trial Court is directed to expedite the trial and to conclude the same as early as possible, preferably within a period of nine months from the date of receipt of copy of this order, if there is no legal impediment.

9. A copy of this order be forwarded to the concerned trial court for necessary compliance."

4. Learned counsel for applicant submitted that in the first information report no allegation of rape was levelled against applicant and during investigation the victim has developed a false version regarding rape by applicant. The medical examination of victim does not support her allegations. Recovery of alleged video has been shown from co-accused Awas Joshi, who has already been granted bail. There are contradictions and inconsistencies in statement of victim. As per High School Certificate, the age of victim was more than 17 years.

5. It is further submitted that second bail application of applicant was rejected by this Court vide order dated 22.02.2024 and trial court was directed to expedite the trial and to conclude the same as early as possible, preferably within a period of nine months but the trial has not been 3 BAIL No. 19315 of 2025 concluded so far. Statements of victim girl has already been recorded before the trial court and thus there is no possibility of tampering with evidence. It was stated that applicant is in jail since 05.01.2023 and that trial of the case is likely take sufficient long time. It was stated that applicant has no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

6. On the other hand, learned A.G.A. has opposed the prayer for bail and submitted that victim has made allegations of rape against applicant.

7. I have considered the submissions and perused the record.

8. Considering the submissions of learned counsel for the parties and all attending facts, particularly period of detention and stage of trial, without expressing any opinion on the merits, a case for bail is made out. Hence, the present third bail application is hereby allowed.

9. Let the applicant Ayush Tiwari involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant shall not tamper with the evidence during trial. ii. The applicant shall not pressurize/intimidate the prosecution witnesses. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

10. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. September 24, 2025 CS/- (Raj Beer Singh,J.) CHANDAN SINGH High Court of Judicature at Allahabad