High Court · 2025

2. Heard Sri Pradeep Kumar, learned counsel for the applicant, Sri Atul Kumar Pandey, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Office to trace out the vakalatnama of Sri Atul Kumar Pandey, Advocate and place it on record and make a note in the order sheet about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Nazre Alam, seeking enlargement on bail during trial in connection with Case Crime No. 87 of 2025, under Sections 74, 333, 351(3), 352, 64(1), 62 BNS, 2023, registered at Police Station Sinduriya, District Maharajganj.

5. The FIR of the matter was lodged on 03.05.2025 by Smt. Maimun Nisha against the applicant and three other persons under Sections 74, 333, 351(3), 352 BNS alleging therein that her husband was not at home and her son had gone to attend a reception, taking advantage of it on 02.05.2025 at about 10:00 am Nazre Alam the resident of the same village came inside the house and enraged the modesty of her daughter. When she raised a shout, he ran away but left his mobile there. He threatened her that if she told it anyone he would murder her. While running away he hurled abuses. When the first informant and other persons came back home, her daughter told them about it after which they went to the house of the applicant to make a complaint where they were threatened. 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 aged about 21 years and thus she is a major. It is submitted that the victim had reiterated the version of the FIR in her statement under Section 180 BNSS but in her statement recorded under Section 183 BNSS she for the first time states that the applicant make an attempt to commit rape upon her. It is submitted that the same is an afterthought. It is submitted that subsequently in the present matter Sections 64(1) and 62 BNS have been added. It is submitted that charge sheet in the matter has been submitted against the applicant. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 08.05.2025.

7. 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 and there are allegations against him.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major as per school records. The factum of attempt to rape is missing in the FIR and in her statement recorded under Section 180 BNSS. The FIR states that the same has been lodged after the victim stated about the incident to her mother and other persons. The investigation of the matter has concluded and charge sheet has been submitted.

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 Nazre Alam, 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

2. Heard Sri Pradeep Kumar, learned counsel for the applicant, Sri Atul Kumar Pandey, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Office to trace out the vakalatnama of Sri Atul Kumar Pandey, Advocate and place it on record and make a note in the order sheet about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Nazre Alam, seeking enlargement on bail during trial in connection with Case Crime No. 87 of 2025, under Sections 74, 333, 351(3), 352, 64(1), 62 BNS, 2023, registered at Police Station Sinduriya, District Maharajganj.

5. The FIR of the matter was lodged on 03.05.2025 by Smt. Maimun Nisha against the applicant and three other persons under Sections 74, 333, 351(3), 352 BNS alleging therein that her husband was not at home and her son had gone to attend a reception, taking advantage of it on 02.05.2025 at about 10:00 am Nazre Alam the resident of the same village came inside the house and enraged the modesty of her daughter. When she raised a shout, he ran away but left his mobile there. He threatened her that if she told it anyone he would murder her. While running away he hurled abuses. When the first informant and other persons came back home, her daughter told them about it after which they went to the house of the applicant to make a complaint where they were threatened. 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 aged about 21 years and thus she is a major. It is submitted that the victim had reiterated the version of the FIR in her statement under Section 180 BNSS but in her statement recorded under Section 183 BNSS she for the first time states that the applicant make an attempt to commit rape upon her. It is submitted that the same is an afterthought. It is submitted that subsequently in the present matter Sections 64(1) and 62 BNS have been added. It is submitted that charge sheet in the matter has been submitted against the applicant. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 08.05.2025.

7. 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 and there are allegations against him.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major as per school records. The factum of attempt to rape is missing in the FIR and in her statement recorded under Section 180 BNSS. The FIR states that the same has been lodged after the victim stated about the incident to her mother and other persons. The investigation of the matter has concluded and charge sheet has been submitted.

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 Nazre Alam, 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