High Court
Case Details
Neutral Citation No. - 2025:AHC:130848 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25630 of 2025
Legal Reasoning
Applicant :- Firoj Shah Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri Ram Prakash Shukla, 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- Firoj Shah, seeking enlargement on bail during trial in connection with Case Crime No. 124 of 2025, under Sections 137(2), 64 B.N.S., Police Station Madhotanda, District Pilibhit. 4. Learned counsel for the State submits that he has received instructions in the matter for which time was prayed by him and granted vide order dated 25.07.2025 by co-ordinate Bench of this Court. 5. The first information report of the present matter was lodged on 14.05.2025 by Satish Yadav against the applicant alleging therein that his sister aged about 17 years was allured and enticed away by the applicant at about 12:00 p.m. She was searched but could not be traced out. The report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that as per school records, the date of birth of the victim is 01.07.2003 and as such at the time of incident, she was aged about 22 years. It is submitted that the victim during investigation has stated that on 12.05.2025, when she had gone to at about 8:00 p.m. to ease herself, the applicant committed rape upon her which she did not disclose to any one. Subsequently, on 13.05.2025, she went in the wedding of her cousin fromwhere, she was returning alone by foot on which the applicant met her at about 12:30 a.m. and by making her smell some intoxicating substance took her on a motorcycle and committed rape upon her. It is submitted that entire story is a false and concocted story under the pressure of the family members just to falsely implicate the applicant. While placing paragraph 19 of the affidavit, it is submitted that the victim is a consenting party. It is submitted that the applicant has no criminal history as stated in paragraph 26 of the affidavit. It is submitted that the applicant in in jail since 17.05.2025. Further while placing paragraph 16 of the affidavit, it is submitted that the investigation in the matter has concluded and a charge sheet has been submitted and as such there are no chances of the applicant tempering with the evidence. 7. Per contra, learned counsel for the State opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is evident that as per school records the victim is aged about 22 years and thus a major alleging that the incident on 12.05.2025 was not reported by the victim as per her own version subsequently, on 13.05.2025, she states to be taken away by the applicant and raped. The investigation in the matter has concluded. 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- Firoj Shah, 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.
Decision
13. Pending application (s), if any, shall stand disposed of. Order Date :- 4.8.2025 Manoj (Samit Gopal,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad