✦ High Court of India · 31 Jul 2025

High Court · 2025

Case Details High Court of India · 31 Jul 2025
Court
High Court of India
Decided
31 Jul 2025
Bench
Not available
Length
1,056 words

2. Heard Sri Shahroze Khan, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel 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 Taufeeq, seeking enlargement on bail during trial in connection with Case Crime No. 55 of 2025, under Sections 70(1) BNS, registered at Police Station Kathela Samay Mata, District Siddharth Nagar.

4. The FIR of the matter was lodged on 16.04.2025 under Section 75 BNS, 2023 by Firoz alleging therein that on 15.04.2025 at about 11:00 pm his sister aged about 18 years had gone out the house to ease herself wherein Amir and Taufeeq the applicant caught hold of her hand and enraged her modesty. On her making a shout, people of the village reached there and there was a scuffle between them wherein Amir was apprehended but Taufeeq ran away. Amir was given treatment and has brought to the police station.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement under Section 180 BNSS reiterates the prosecution version. Further she states that she used to talk to Taufeeq on phone since March/April and on the day of the incident he put his hand on her waist and enraged her modesty. It is submitted that the victim is a major girl aged about 19 years. It is submitted that subsequently in her statement under Section 183 BNSS the victim states of Taufeeq catching hold of her from behind and took her in the field and committed rape upon her after which he ran away but Amir was apprehended. It is submitted that the said version is concocted version and afterthought just in order to give the case a different colour. It is submitted that subsequently the present case was converted into a case under Section 70(1) BNS, 2023. It is submitted that the doctor did not find any injury either externally or internally on the body of the victim. It is further submitted that charge sheet in the matter has been submitted against the applicant on 24.05.2025, para 16 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 35 of the affidavit and is in jail since 20.04.2025.

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

7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major girl. The victim does not state of any sexual assault on her either in the FIR or in her statement under Section 180 BNSS. The allegation of rape on the applicant is stated by her for the first time in her statement recorded under Section 183 BNSS. Initially the FIR was lodged under Section 75 BNS but during investigation the case was converted into a case under Section 70(1) BNS, 2023. The doctor did not find any injury either externally or internally on the body of the victim. Charge sheet in the matter 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 Taufeeq, 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 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 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 :- 31.7.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Shahroze Khan, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel 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 Taufeeq, seeking enlargement on bail during trial in connection with Case Crime No. 55 of 2025, under Sections 70(1) BNS, registered at Police Station Kathela Samay Mata, District Siddharth Nagar.

4. The FIR of the matter was lodged on 16.04.2025 under Section 75 BNS, 2023 by Firoz alleging therein that on 15.04.2025 at about 11:00 pm his sister aged about 18 years had gone out the house to ease herself wherein Amir and Taufeeq the applicant caught hold of her hand and enraged her modesty. On her making a shout, people of the village reached there and there was a scuffle between them wherein Amir was apprehended but Taufeeq ran away. Amir was given treatment and has brought to the police station.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement under Section 180 BNSS reiterates the prosecution version. Further she states that she used to talk to Taufeeq on phone since March/April and on the day of the incident he put his hand on her waist and enraged her modesty. It is submitted that the victim is a major girl aged about 19 years. It is submitted that subsequently in her statement under Section 183 BNSS the victim states of Taufeeq catching hold of her from behind and took her in the field and committed rape upon her after which he ran away but Amir was apprehended. It is submitted that the said version is concocted version and afterthought just in order to give the case a different colour. It is submitted that subsequently the present case was converted into a case under Section 70(1) BNS, 2023. It is submitted that the doctor did not find any injury either externally or internally on the body of the victim. It is further submitted that charge sheet in the matter has been submitted against the applicant on 24.05.2025, para 16 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 35 of the affidavit and is in jail since 20.04.2025.

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

7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major girl. The victim does not state of any sexual assault on her either in the FIR or in her statement under Section 180 BNSS. The allegation of rape on the applicant is stated by her for the first time in her statement recorded under Section 183 BNSS. Initially the FIR was lodged under Section 75 BNS but during investigation the case was converted into a case under Section 70(1) BNS, 2023. The doctor did not find any injury either externally or internally on the body of the victim. Charge sheet in the matter 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 Taufeeq, 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 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 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 :- 31.7.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

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