High Court · 2025

Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Sunil Kumar Srivastava, learned counsel for the applicant and Sri Birendra Pratap Singh, 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- Satish, seeking enlargement on bail during trial in connection with Case Crime No. 127 of 2025, under Sections 64(2) (m), 351(3) B.N.S., Police Station Aunchha, District Mainpuri.

4. The first information report of the present matter was lodged on 13.05.2025 by the victim against the applicant alleging therein that on 11.09.2024 at about 9 pm the applicant finding her alone in the house came and committed rape upon her and threatened her that if she tells it to anyone he would murder her husband. He committed rape on her many times and clicked her objectionable photos and extended threat of making it viral. On 12.05.2025 at about 5.00 am when she had gone to ease herself in the field he caught hold of her and committed rape upon her. She then told about the incident to her husband and has now come to lodge the first information report.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major married woman. It is submitted that the allegation that the applicant clicked objectionable photos of the victim is totally false and incorrect in as much as the Investigating Officer has not found any photo of the victim during investigation, paragraph 21 of the affidavit has been placed before the Court. It is submitted that the alleged rape was committed for the first time on the victim on 11.09.2024 and then later on it is alleged that he committed rape on her many times but there was no complaint whatsoever earlier by the victim or by her family members to any authority. Subsequently on 13.05.2025 the present first information report has been lodged. It is submitted that as such there is delay of about 08 months in reporting the first incident of rape allegedly committed upon her. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted, paragraph 15 of the affidavit has been placed before the Court. The applicant has no criminal history as stated in para 06 of the supplementary affidavit dated 24.07.2025 and is in jail since 14.05.2025.

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

7. After having heard learned counsel for the parties and perusing the record, it is evident that the first act of rape on the victim was committed on 11.09.2024 subsequent to which the applicant is alleged to have rape her many times but there was no complaint whatsoever. Subsequently he again committed rape on her on 12.05.2025 and then the matter was reported on 13.05.2025 as such the victim and her family members remained silent for about 08 months prior to 12.05.2025 when the applicant is alleged to have committed rape upon her. No such video has been recovered. The investigation in the matter has concluded. The victim is a major married woman.

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- Satish, 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.

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 :- 8.8.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Sunil Kumar Srivastava, learned counsel for the applicant and Sri Birendra Pratap Singh, 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- Satish, seeking enlargement on bail during trial in connection with Case Crime No. 127 of 2025, under Sections 64(2) (m), 351(3) B.N.S., Police Station Aunchha, District Mainpuri.

4. The first information report of the present matter was lodged on 13.05.2025 by the victim against the applicant alleging therein that on 11.09.2024 at about 9 pm the applicant finding her alone in the house came and committed rape upon her and threatened her that if she tells it to anyone he would murder her husband. He committed rape on her many times and clicked her objectionable photos and extended threat of making it viral. On 12.05.2025 at about 5.00 am when she had gone to ease herself in the field he caught hold of her and committed rape upon her. She then told about the incident to her husband and has now come to lodge the first information report.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major married woman. It is submitted that the allegation that the applicant clicked objectionable photos of the victim is totally false and incorrect in as much as the Investigating Officer has not found any photo of the victim during investigation, paragraph 21 of the affidavit has been placed before the Court. It is submitted that the alleged rape was committed for the first time on the victim on 11.09.2024 and then later on it is alleged that he committed rape on her many times but there was no complaint whatsoever earlier by the victim or by her family members to any authority. Subsequently on 13.05.2025 the present first information report has been lodged. It is submitted that as such there is delay of about 08 months in reporting the first incident of rape allegedly committed upon her. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted, paragraph 15 of the affidavit has been placed before the Court. The applicant has no criminal history as stated in para 06 of the supplementary affidavit dated 24.07.2025 and is in jail since 14.05.2025.

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

7. After having heard learned counsel for the parties and perusing the record, it is evident that the first act of rape on the victim was committed on 11.09.2024 subsequent to which the applicant is alleged to have rape her many times but there was no complaint whatsoever. Subsequently he again committed rape on her on 12.05.2025 and then the matter was reported on 13.05.2025 as such the victim and her family members remained silent for about 08 months prior to 12.05.2025 when the applicant is alleged to have committed rape upon her. No such video has been recovered. The investigation in the matter has concluded. The victim is a major married woman.

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- Satish, 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.

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 :- 8.8.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad