High Court · 2025

2. Heard Sri Mahendra Prasad holding brief of Sri Mahabeer, learned counsel for the applicant, Sri B.P. Singh, 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-Shirowan Singh, seeking enlargement on bail during trial in connection with Case Crime No.283 of 2025, u/s 333, 74, 64, 115(2), 351(2) B.N.S., registered at P.S. Auraiya, District Auraiya.

4. The FIR of the matter was lodged on 9.4.2025 by the victim against the applicant on the basis of an application dated 18.12.2024 moved under Section 173(4) B.N.S.S. before the court concerned alleging therein that the applicant was the friend of her husband. On 16.12.2024 at about 2 p.m., the applicant came to her house on the pretext of meeting her husband on which she went inside to bring water and the applicant followed her and caught- hold of her and committed rape upon her. She made a shout but he threatened her. She received injuries of which medical examination was conducted.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the FIR has been lodged with malafide intentions just in order to falsely implicate and harass the applicant. The first informant/victim had previously made a complaint to the police on the IGRS portal against the applicant on 12.12.2024 stating therein that there had been a fight between them with regards to money. It is argued that on 13.12.2025 the police had challaned the applicant under Sections 170/126/135 B.N.S.S. after arresting him. The said complaint was pending before the court concerned and just in order to falsely implicate the applicant, the present FIR has been lodged. It is argued that the first informant is a married and major woman. The medical examination report of the victim does not support the prosecution case inasmuch as no such medical examination report dated 17.12.2024 as alleged in the FIR has seen the light of the day whereas the medical examination report dated 25.4.2025 does not in any manner support the prosecution case. The applicant has no criminal history except for the present case and the case of which complaint has been made by the victim against the applicant. The applicant is in jail since 7.5.2025.

6. Per contra learned counsel for the State opposed the prayer for bail.

7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant and victim were known to each other. Prior to the present incident, a complaint was made by the victim with regards to a fight between the applicant and the victim with regards to money in which the applicant was challaned after arrest and the matter is pending before the court concerned. The victim is a married major woman. The medical examination report of the victim does not support the prosecution case.

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-Shirowan Singh, 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.

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.) Order Date :- 7.7.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Mahendra Prasad holding brief of Sri Mahabeer, learned counsel for the applicant, Sri B.P. Singh, 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-Shirowan Singh, seeking enlargement on bail during trial in connection with Case Crime No.283 of 2025, u/s 333, 74, 64, 115(2), 351(2) B.N.S., registered at P.S. Auraiya, District Auraiya.

4. The FIR of the matter was lodged on 9.4.2025 by the victim against the applicant on the basis of an application dated 18.12.2024 moved under Section 173(4) B.N.S.S. before the court concerned alleging therein that the applicant was the friend of her husband. On 16.12.2024 at about 2 p.m., the applicant came to her house on the pretext of meeting her husband on which she went inside to bring water and the applicant followed her and caught- hold of her and committed rape upon her. She made a shout but he threatened her. She received injuries of which medical examination was conducted.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the FIR has been lodged with malafide intentions just in order to falsely implicate and harass the applicant. The first informant/victim had previously made a complaint to the police on the IGRS portal against the applicant on 12.12.2024 stating therein that there had been a fight between them with regards to money. It is argued that on 13.12.2025 the police had challaned the applicant under Sections 170/126/135 B.N.S.S. after arresting him. The said complaint was pending before the court concerned and just in order to falsely implicate the applicant, the present FIR has been lodged. It is argued that the first informant is a married and major woman. The medical examination report of the victim does not support the prosecution case inasmuch as no such medical examination report dated 17.12.2024 as alleged in the FIR has seen the light of the day whereas the medical examination report dated 25.4.2025 does not in any manner support the prosecution case. The applicant has no criminal history except for the present case and the case of which complaint has been made by the victim against the applicant. The applicant is in jail since 7.5.2025.

6. Per contra learned counsel for the State opposed the prayer for bail.

7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant and victim were known to each other. Prior to the present incident, a complaint was made by the victim with regards to a fight between the applicant and the victim with regards to money in which the applicant was challaned after arrest and the matter is pending before the court concerned. The victim is a married major woman. The medical examination report of the victim does not support the prosecution case.

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-Shirowan Singh, 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.

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.) Order Date :- 7.7.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad