Shakib v. State of U.P. and

2. Heard Sri Dileep Kumar Shukla, learned counsel for the applicant, Sri Ravi Kumar Singh, learned counsel for the first informant/O.P. No.2 and Sri Bade Lal Bind, learned counsel for the State/O.P. No.1 and perused the material on record.

3. The vakalatnama of Sri Ravi Kumar Singh 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 about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Saqib, seeking enlargement on bail during trial in connection with Case Crime No. 615 of 2017 (S.T. No. 21/2018), under Sections 376-D, 452, 354-A, 307, 323, 504 I.P.C. and Section 3/4 POCSO Act, registered at Police Station Asmauli, District Sambhal.

5. The FIR of the matter was lodged on 08.11.2017 by Haneef against the applicant, Naseem and Rizwan alleging therein that he often used to remain outside the house to earn his livelihood. The accused persons are of his village and of bad antecedents. They regularly indulged in different type of criminal activities. Around six months back, there was a dispute between him and Naseem with regards to goats and since then Naseem was having enmity with him and his family members. On 19.08.2017 when his wife and children were in the house, the accused persons at about 04:00 pm came there and started hurling abuses on which his wife and children tried to stop them but they assaulted them, thereafter Rizwan with an ill intention caught hold of his wife whereas Naseem and Saqib caught hold of his daughter aged about 14 years and took her inside the room and enraged her modesty and tried to commit rape upon her. On opposition and on telling of daughter that she will inform her father about it and not being successful in committing rape upon her, they with her rope tried to strangulate his daughter due to which she became unconscious as such the accused persons then thinking his daughter has died ran away. His wife informed him about the incident and then he came back and took his daughter to the hospital and admitted there. His daughter did not recover and then was taken to another hospital and then from there taken to Delhi where she is improving. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that after investigation, the police exonerated the applicant whereas charge sheet has been submitted against co-accused Naseem and Rizwan. It is submitted that the trial in the present matter started after which the statement of the first informant Haneef/PW-1, wife of the first informant/PW-2, Kaloo/PW-3 and the victim/P-4 were recorded and then an application under Section 319 Cr.P.C. was moved which was allowed by the trial court vide order dated 14.03.2023 and the applicant was summoned for offences under Sections 376-D, 452, 354-A, 307, 323, 504 I.P.C. and Section 3/4 POCSO Act. It is submitted that the said order of summoning the applicant under Section 319 Cr.P.C. was challenged before this Court in Crl. Misc Application U/s 482 No. 35833 of 2023 (Shakib Vs. State of U.P. and 3 others) which stood dismissed vide order dated 29.11.2023, copy of the order has been placed before the Court which is annexure 17 to the affidavit. It is submitted that co- accused Rizwan has been granted bail by another Bench of this Court vide order dated 03.07.2019 passed in Crl. Misc. Bail Application No. 11340 of 2018 (Rizwan Vs. State of U.P.), copy of the order is annexed as annexure 18 to the affidavit. Further co- accused Naseem has also been granted bail vide order dated 29.03.2018 passed by Additional Sessions Judge, Chandausi, District Sambhal at Chandausi in Bail Application No. 177 of 2018 (Naseem Vs. State of U.P.), copy of the order has been produced before the Court which is taken on record. It is submitted that as such the applicant has made an accused on the basis of an application under Section 319 Cr.P.C. which was allowed and he has been summoned. It is submitted that the applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 15.05.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the although the police was exonerated the applicant from the FIR but his name has come in the statements of the first informant and the victim recorded before the trial court and there are allegations against him as such he has summoned under Section 319 Cr.P.C.

8. After having heard learned counsels for the parties and perusing the records, it is evident that although the applicant was initially named in the FIR but he was exonerated during investigation. Subsequently after examination of four witnesses, an application under Section 319 Cr.P.C. was filed which was allowed and then the applicant has been summoned. Co-accused Naseem and Rizwan have been granted bail.

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 Saqib, 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 82 Cr.P.C. 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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.

13. Pending application(s), if any, shall stand disposed of. Order Date :- 23.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Dileep Kumar Shukla, learned counsel for the applicant, Sri Ravi Kumar Singh, learned counsel for the first informant/O.P. No.2 and Sri Bade Lal Bind, learned counsel for the State/O.P. No.1 and perused the material on record.

3. The vakalatnama of Sri Ravi Kumar Singh 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 about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Saqib, seeking enlargement on bail during trial in connection with Case Crime No. 615 of 2017 (S.T. No. 21/2018), under Sections 376-D, 452, 354-A, 307, 323, 504 I.P.C. and Section 3/4 POCSO Act, registered at Police Station Asmauli, District Sambhal.

5. The FIR of the matter was lodged on 08.11.2017 by Haneef against the applicant, Naseem and Rizwan alleging therein that he often used to remain outside the house to earn his livelihood. The accused persons are of his village and of bad antecedents. They regularly indulged in different type of criminal activities. Around six months back, there was a dispute between him and Naseem with regards to goats and since then Naseem was having enmity with him and his family members. On 19.08.2017 when his wife and children were in the house, the accused persons at about 04:00 pm came there and started hurling abuses on which his wife and children tried to stop them but they assaulted them, thereafter Rizwan with an ill intention caught hold of his wife whereas Naseem and Saqib caught hold of his daughter aged about 14 years and took her inside the room and enraged her modesty and tried to commit rape upon her. On opposition and on telling of daughter that she will inform her father about it and not being successful in committing rape upon her, they with her rope tried to strangulate his daughter due to which she became unconscious as such the accused persons then thinking his daughter has died ran away. His wife informed him about the incident and then he came back and took his daughter to the hospital and admitted there. His daughter did not recover and then was taken to another hospital and then from there taken to Delhi where she is improving. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that after investigation, the police exonerated the applicant whereas charge sheet has been submitted against co-accused Naseem and Rizwan. It is submitted that the trial in the present matter started after which the statement of the first informant Haneef/PW-1, wife of the first informant/PW-2, Kaloo/PW-3 and the victim/P-4 were recorded and then an application under Section 319 Cr.P.C. was moved which was allowed by the trial court vide order dated 14.03.2023 and the applicant was summoned for offences under Sections 376-D, 452, 354-A, 307, 323, 504 I.P.C. and Section 3/4 POCSO Act. It is submitted that the said order of summoning the applicant under Section 319 Cr.P.C. was challenged before this Court in Crl. Misc Application U/s 482 No. 35833 of 2023 (Shakib Vs. State of U.P. and 3 others) which stood dismissed vide order dated 29.11.2023, copy of the order has been placed before the Court which is annexure 17 to the affidavit. It is submitted that co- accused Rizwan has been granted bail by another Bench of this Court vide order dated 03.07.2019 passed in Crl. Misc. Bail Application No. 11340 of 2018 (Rizwan Vs. State of U.P.), copy of the order is annexed as annexure 18 to the affidavit. Further co- accused Naseem has also been granted bail vide order dated 29.03.2018 passed by Additional Sessions Judge, Chandausi, District Sambhal at Chandausi in Bail Application No. 177 of 2018 (Naseem Vs. State of U.P.), copy of the order has been produced before the Court which is taken on record. It is submitted that as such the applicant has made an accused on the basis of an application under Section 319 Cr.P.C. which was allowed and he has been summoned. It is submitted that the applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 15.05.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the although the police was exonerated the applicant from the FIR but his name has come in the statements of the first informant and the victim recorded before the trial court and there are allegations against him as such he has summoned under Section 319 Cr.P.C.

8. After having heard learned counsels for the parties and perusing the records, it is evident that although the applicant was initially named in the FIR but he was exonerated during investigation. Subsequently after examination of four witnesses, an application under Section 319 Cr.P.C. was filed which was allowed and then the applicant has been summoned. Co-accused Naseem and Rizwan have been granted bail.

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 Saqib, 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 82 Cr.P.C. 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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.

13. Pending application(s), if any, shall stand disposed of. Order Date :- 23.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad