State of U.P v. Party

2. Heard Sri Subhash Chandra Pandey, learned counsel for the applicant, Sri Ashwani Singh, learned counsel for the first informant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Raj Aarya, seeking enlargement on bail during trial in connection with Case Crime No. 313 of 2025, under Section(s) 69, 115(2), 351(3) B.N.S., registered at P.S. Cantt., District- Gorakhpur.

4. The F.I.R. of the matter was lodged on 6.6.2025 by the victim against the applicant alleging therein that she is a student of LL.B. 6th Semester and met the applicant through her friend. The applicant became her friend and they used to talk to each other. He then proposes to marry her on which she told him that she would ask her family. When she talked about it, her family agreed for it. They started to meet each other. On 13th October, 2024 on the birthday of Raj, he took her along with his friend and his wife to Gorakhpur and they went for a boat ride and after celebrating birthday they went to hotel S.R. Grand where he checked in a room and his friend and his wife went to another room. He then established physical relationship with her without her consent saying that now they are going to marry and clicked her objectionable photographs and made a video of it and on the pretext of making the same viral he 2 BAIL No. 25364 of 2025 committed rape upon her many times. When she asked him to marry he assaulted her and told that if she talks about marriage, he would kill her. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl aged about 21 years. It is submitted that relationship between the applicant and the victim was consensual relationship on some discussion of marriage. It is submitted that subsequently discussion of marriage could not be materialize and then the present F.I.R. has been lodged against him. It is submitted that in so far as the allegation of rape is concerned, the same is on 13th October, 2024 but the F.I.R. has been lodged on 06.6.2025 which is after an unexplained delay of about 08 months. It is submitted that investigation in the matter has concluded and a charge sheet has been submitted against the applicant on 28.7.2025, copy of the same has been annexed as annexure no.1 to the supplementary affidavit dated 19.9.2025. It is argued that the applicant has no other criminal antecedents as stated in para-16 of the affidavit and is in jail since 06.6.2025.

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

7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major girl. Relationship between the applicant and the victim was established after friendship and on some discussion of marriage. They even stayed in a hotel with consent. Subsequently the factum of marriage could not materialize. Investigation in the matter has concluded and a charge sheet has been submitted against the applicant.

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- Raj Aarya, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant and 3 BAIL No. 25364 of 2025 the other should be 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 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 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 him in accordance with law and the trial court may proceed against 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 4 BAIL No. 25364 of 2025 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. September 23, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Subhash Chandra Pandey, learned counsel for the applicant, Sri Ashwani Singh, learned counsel for the first informant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Raj Aarya, seeking enlargement on bail during trial in connection with Case Crime No. 313 of 2025, under Section(s) 69, 115(2), 351(3) B.N.S., registered at P.S. Cantt., District- Gorakhpur.

4. The F.I.R. of the matter was lodged on 6.6.2025 by the victim against the applicant alleging therein that she is a student of LL.B. 6th Semester and met the applicant through her friend. The applicant became her friend and they used to talk to each other. He then proposes to marry her on which she told him that she would ask her family. When she talked about it, her family agreed for it. They started to meet each other. On 13th October, 2024 on the birthday of Raj, he took her along with his friend and his wife to Gorakhpur and they went for a boat ride and after celebrating birthday they went to hotel S.R. Grand where he checked in a room and his friend and his wife went to another room. He then established physical relationship with her without her consent saying that now they are going to marry and clicked her objectionable photographs and made a video of it and on the pretext of making the same viral he 2 BAIL No. 25364 of 2025 committed rape upon her many times. When she asked him to marry he assaulted her and told that if she talks about marriage, he would kill her. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl aged about 21 years. It is submitted that relationship between the applicant and the victim was consensual relationship on some discussion of marriage. It is submitted that subsequently discussion of marriage could not be materialize and then the present F.I.R. has been lodged against him. It is submitted that in so far as the allegation of rape is concerned, the same is on 13th October, 2024 but the F.I.R. has been lodged on 06.6.2025 which is after an unexplained delay of about 08 months. It is submitted that investigation in the matter has concluded and a charge sheet has been submitted against the applicant on 28.7.2025, copy of the same has been annexed as annexure no.1 to the supplementary affidavit dated 19.9.2025. It is argued that the applicant has no other criminal antecedents as stated in para-16 of the affidavit and is in jail since 06.6.2025.

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

7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major girl. Relationship between the applicant and the victim was established after friendship and on some discussion of marriage. They even stayed in a hotel with consent. Subsequently the factum of marriage could not materialize. Investigation in the matter has concluded and a charge sheet has been submitted against the applicant.

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- Raj Aarya, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant and 3 BAIL No. 25364 of 2025 the other should be 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 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 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 him in accordance with law and the trial court may proceed against 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 4 BAIL No. 25364 of 2025 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. September 23, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad