High Court · 2025

2. Heard Sri Girish Tiwari, learned counsel for the applicant, Sri Jaideep Pandey, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Pradeep Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 248 of 2025, under Sections 64(1), 79 & 351(2) B.N.S., Police Station Tanda, District Rampur.

4. The first information report of the present matter was lodged on 24.05.2025 by the victim against the applicant alleging therein that she came in contact with the applicant through facebook in the year 2019 when she was posted in Mumbai. They developed deep friendship. On 20.08.2021 Pradeep Kumar came to her house and gave her cold-drink mixed with some intoxicating substance. After consuming it she became unconscious and then he committed rape upon her and made her objectionable video. On regaining consciousness the applicant showed her video and started threatening her and used to commit rape on her repeatedly. In 2024 she got posted in Kashipur and then the applicant told her to meet him to which she refused. He then showed the said video in her matrimonial house and to her parents. He is demanding Rs. Two lakhs from her or else would make the video viral.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the prosecution story is false and unbelievable. It is submitted that the applicant and the victim were friends and the relationship was consensual relationship. It is submitted that during investigation no such video has been recovered by the police. While placing paragraph 10 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. It is submitted that the victim is a major woman. It is submitted that the first information report has been lodged after an inordinate delay in as much as the incident of giving her intoxicating substance and committing rape upon her for the first time is alleged to have been done on

20.08.2021 but still the first information report has been lodged on 24.05.2025. The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 27.05.2025.

6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the victim has been blackmailed by the applicant and there has been demand of money from her and then present first information report has been lodged. It is submitted that previously the victim did not make any complaint since the applicant had threatened her.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman. The applicant and the victim were friends and there was some physical relationship between them on 20.08.2021. Subsequent to it there had been physical relationship many times. No previous complaint was made by the victim or her family to the authorities. Subsequently the present first information report has been lodged on 24.05.2025.

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- Pradeep Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of his family members and the other will be of a local person) 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.

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. Order Date :- 8.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Girish Tiwari, learned counsel for the applicant, Sri Jaideep Pandey, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Pradeep Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 248 of 2025, under Sections 64(1), 79 & 351(2) B.N.S., Police Station Tanda, District Rampur.

4. The first information report of the present matter was lodged on 24.05.2025 by the victim against the applicant alleging therein that she came in contact with the applicant through facebook in the year 2019 when she was posted in Mumbai. They developed deep friendship. On 20.08.2021 Pradeep Kumar came to her house and gave her cold-drink mixed with some intoxicating substance. After consuming it she became unconscious and then he committed rape upon her and made her objectionable video. On regaining consciousness the applicant showed her video and started threatening her and used to commit rape on her repeatedly. In 2024 she got posted in Kashipur and then the applicant told her to meet him to which she refused. He then showed the said video in her matrimonial house and to her parents. He is demanding Rs. Two lakhs from her or else would make the video viral.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the prosecution story is false and unbelievable. It is submitted that the applicant and the victim were friends and the relationship was consensual relationship. It is submitted that during investigation no such video has been recovered by the police. While placing paragraph 10 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. It is submitted that the victim is a major woman. It is submitted that the first information report has been lodged after an inordinate delay in as much as the incident of giving her intoxicating substance and committing rape upon her for the first time is alleged to have been done on

20.08.2021 but still the first information report has been lodged on 24.05.2025. The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 27.05.2025.

6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the victim has been blackmailed by the applicant and there has been demand of money from her and then present first information report has been lodged. It is submitted that previously the victim did not make any complaint since the applicant had threatened her.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman. The applicant and the victim were friends and there was some physical relationship between them on 20.08.2021. Subsequent to it there had been physical relationship many times. No previous complaint was made by the victim or her family to the authorities. Subsequently the present first information report has been lodged on 24.05.2025.

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- Pradeep Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of his family members and the other will be of a local person) 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.

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. Order Date :- 8.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad