High Court · 2025

2. Heard Sri Rajesh Yadav, learned counsel for the applicant, Sri Aditya Kumar Verma holding brief of Sri Ashok Kumar Yadav, learned counsel for the first informant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. Vakalatnama of Sri Ashok Kumar Yadav, learned counsel for the first informant is not on record despite his name being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet regarding the same.

4. This bail application under Section 483 BNSS has been filed by the applicant-Dinesh Kumar @ Kallu, seeking enlargement on bail during trial in connection with Case Crime No.119 of 2025, u/s 127(2), 70(1) BNS, P.S. Lanka, District Varanasi.

5. This is a second bail application. The first bail application of the applicant was dismissed for want of prosecution vide order dated 1.7.2025 passed by this Court passed in Criminal Misc. Bail Application No.22573 of 2025.

6. The FIR of the matter was lodged on 7.4.2025 by the victim against the applicant and Nitesh Kumar alleging therein that she met with one Nitesh Kumar @ Shiv Mandir some days before and they used to talk on phone. Her husband used to remain ill. She expressed her desire to Nitesh Kumar to do house-hold work on which on 6.4.2025 he called her and took her on his motorcycle to his house where he locked the room and committed rape upon her. After some time he called his friend Dinesh Kumar @ Kallu who came there and also committed rape upon her. When she started crying and shouting, they ousted her from room. When she was coming out, she told about the incident to some person whom she met. A report be lodged and action be taken.

7. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case only because of the reason that he is friend of co-accused Nitesh Kumar. It is further argued that there was some discussion between the victim and co- accused Nitesh Kumar with regards to her employment but the same could not materialize and thus FIR has been lodged. It is further argued that the victim in her statement under Section 180 B.N.S.S although reiterates the prosecution version but in her statement under Section 183 B.N.S.S. she states that she does not know the name of the accused persons, the prosecution story is thus false and concocted. It has also been pointed out that the applicant is not having any criminal history as stated in para 25 of the affidavit. The applicant is in jail since 8.4.2025.

8. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail.

9. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major married woman. There was some discussion going on between her and co-accused Nitesh Kumar with regards to her employment. The applicant is the friend of co-accused Nitesh Kumar.

10. 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.

11. Let the applicant-Dinesh Kumar @ Kallu, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member and the other should 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 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.

12. 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.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. Order Date :- 8.8.2025 Gaurav Kuls (Samit Gopal, J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Rajesh Yadav, learned counsel for the applicant, Sri Aditya Kumar Verma holding brief of Sri Ashok Kumar Yadav, learned counsel for the first informant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. Vakalatnama of Sri Ashok Kumar Yadav, learned counsel for the first informant is not on record despite his name being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet regarding the same.

4. This bail application under Section 483 BNSS has been filed by the applicant-Dinesh Kumar @ Kallu, seeking enlargement on bail during trial in connection with Case Crime No.119 of 2025, u/s 127(2), 70(1) BNS, P.S. Lanka, District Varanasi.

5. This is a second bail application. The first bail application of the applicant was dismissed for want of prosecution vide order dated 1.7.2025 passed by this Court passed in Criminal Misc. Bail Application No.22573 of 2025.

6. The FIR of the matter was lodged on 7.4.2025 by the victim against the applicant and Nitesh Kumar alleging therein that she met with one Nitesh Kumar @ Shiv Mandir some days before and they used to talk on phone. Her husband used to remain ill. She expressed her desire to Nitesh Kumar to do house-hold work on which on 6.4.2025 he called her and took her on his motorcycle to his house where he locked the room and committed rape upon her. After some time he called his friend Dinesh Kumar @ Kallu who came there and also committed rape upon her. When she started crying and shouting, they ousted her from room. When she was coming out, she told about the incident to some person whom she met. A report be lodged and action be taken.

7. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case only because of the reason that he is friend of co-accused Nitesh Kumar. It is further argued that there was some discussion between the victim and co- accused Nitesh Kumar with regards to her employment but the same could not materialize and thus FIR has been lodged. It is further argued that the victim in her statement under Section 180 B.N.S.S although reiterates the prosecution version but in her statement under Section 183 B.N.S.S. she states that she does not know the name of the accused persons, the prosecution story is thus false and concocted. It has also been pointed out that the applicant is not having any criminal history as stated in para 25 of the affidavit. The applicant is in jail since 8.4.2025.

8. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail.

9. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major married woman. There was some discussion going on between her and co-accused Nitesh Kumar with regards to her employment. The applicant is the friend of co-accused Nitesh Kumar.

10. 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.

11. Let the applicant-Dinesh Kumar @ Kallu, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member and the other should 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 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.

12. 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.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. Order Date :- 8.8.2025 Gaurav Kuls (Samit Gopal, J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad