High Court · 2025

2. Heard Sri Vimal Kumar Pandey, learned counsel for the applicant, Sri Viveka Nand Maurya, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on records.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Santosh Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 546 of 2025, under Sections 64(2)(e), 64(2)(m), 351(3), 123 B.N.S. and Section 67 of I.T. Act, Police Station Robertsganj, District Sonbhadra.

4. The first information report of the present matter was lodged on 23.05.2025 by the victim against the applicant and Sandesh alleging therein that she had differences with her husband and thus was living alone. On 03.04.2025 at about 7 pm she went to the applicant to take medicines since he was working in a clinic where he told her that she needs to get injection and took her inside a room and committed rape upon her. He threatened her that if she informs it to anyone he would murder her children. Even previously he had given her some injection to make her unconscious and had committed rape upon her and made a video of it and threatened her of making it viral. Sandesh the younger brother of the accused used to send immoral videos on her mobile and threatened her of making it viral. He also threatened her of implicating her family in criminal cases.

5. Learned counsel for the applicant submits that the victim is a major married woman. It is submitted that she states of getting raped earlier by the applicant and then again states of going to the applicant for getting medicines. It is submitted that the said conduct is totally unbelievable. It is submitted that in so far as the previous incident of rape is concerned, the same was not reported by the victim. It is submitted that the first information report has been lodged after about 50 days of the alleged incident since the rape is alleged to have taken place on 03.04.2025 but the first information report has been lodged on 23.05.2025. The delay in lodging of the said report is totally unexplained. It is submitted that no such video has been recovered during investigation. The applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 26.05.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the investigation in the matter has concluded and no such video was recovered which has been launched on the social platform.

7. Learned counsel for the first informant also opposed the prayer for bail.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the alleged first incident was not reported by the victim. The second incident of rape is alleged to have taken place on 03.04.2025 of which the first information report has been lodged on 23.05.2025 which is after about 50 days of the incident. No such video has been 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- Santosh Kumar, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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 :- 7.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Vimal Kumar Pandey, learned counsel for the applicant, Sri Viveka Nand Maurya, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on records.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Santosh Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 546 of 2025, under Sections 64(2)(e), 64(2)(m), 351(3), 123 B.N.S. and Section 67 of I.T. Act, Police Station Robertsganj, District Sonbhadra.

4. The first information report of the present matter was lodged on 23.05.2025 by the victim against the applicant and Sandesh alleging therein that she had differences with her husband and thus was living alone. On 03.04.2025 at about 7 pm she went to the applicant to take medicines since he was working in a clinic where he told her that she needs to get injection and took her inside a room and committed rape upon her. He threatened her that if she informs it to anyone he would murder her children. Even previously he had given her some injection to make her unconscious and had committed rape upon her and made a video of it and threatened her of making it viral. Sandesh the younger brother of the accused used to send immoral videos on her mobile and threatened her of making it viral. He also threatened her of implicating her family in criminal cases.

5. Learned counsel for the applicant submits that the victim is a major married woman. It is submitted that she states of getting raped earlier by the applicant and then again states of going to the applicant for getting medicines. It is submitted that the said conduct is totally unbelievable. It is submitted that in so far as the previous incident of rape is concerned, the same was not reported by the victim. It is submitted that the first information report has been lodged after about 50 days of the alleged incident since the rape is alleged to have taken place on 03.04.2025 but the first information report has been lodged on 23.05.2025. The delay in lodging of the said report is totally unexplained. It is submitted that no such video has been recovered during investigation. The applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 26.05.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the investigation in the matter has concluded and no such video was recovered which has been launched on the social platform.

7. Learned counsel for the first informant also opposed the prayer for bail.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the alleged first incident was not reported by the victim. The second incident of rape is alleged to have taken place on 03.04.2025 of which the first information report has been lodged on 23.05.2025 which is after about 50 days of the incident. No such video has been 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- Santosh Kumar, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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 :- 7.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad