High Court · 2025

2. Sri Rahul Kumar, Advocate holding brief of Sri Dinesh Yadav, learned counsel appears for the first informant/O.P. No.2 and submits that he has filed vakalatnama in the office on 04.08.2025. The same is not on record.

3. Office to trace out the same and place it on record and make a note in the order sheet about it.

4. Heard Sri Saurabh Pathak, learned counsel for the applicant, Sri Rahul Kumar, Advocate holding brief of Sri Dinesh Yadav, learned counsel for the first informant/O.P. No.2 and Sri Birendra Pratap Singh, learned counsel for the State/O.P. No.1 and perused the material on record.

5. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Arif, seeking enlargement on bail during trial in connection with Case Crime No. 0084 of 2025, under Sections 64(2)(M), 115(2), 352, 351(2) BNS and 5L/6 POCSO Act, registered at Police Station Sahar, District Auraiya.

6. The FIR of the matter was lodged on 17.06.2025 by the victim against the applicant and Asif alleging therein that the marriage of her elder sister was fixed with co-accused Asif in the year 2020. He was their relative. The marriage could not be solemnized as there was some scarcity of money which later on was solemnized on 26.03.2022. Arif the brother of Asif met her and made a promise to marry her. At that time she was a minor. He entangled her in his love and on a false promise to marry for the first time on 03.04.2020 established physical relationship with her. He clicked her photographs and made a video. On threat to make it viral if she tells it to anyone. When she attained majority she asked him to marry her which was being avoided by him. On 09.03.2025 at about 04:30 pm he came to her house when her family members had gone to Kanpur and committed rape upon her. He refused marriage. Report be lodged and action be taken.

7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the devar of the elder sister of the victim. It is submitted that the relationship between the applicant and the victim was a consensual relationship. There was some discussion of marriage between them which subsequently could not materialize and thus the FIR has been lodged. It is submitted that on the own showing of the victim the first incident of rape was committed by the applicant on her on 03.04.2020 but the same was not reported by her and subsequently after about more than five years on 17.06.2025 the present FIR has been lodged. It is submitted that the applicant is ready to marry the victim. It is submitted that initially the family members of the applicant were not ready for the marriage and thus the marriage could not be solemnized but now the family members are convinced and have given permission for marriage. It is submitted that the applicant also undertakes to marry the prosecutrix as soon as he is released from jail, para 13 and 14 of the affidavit in support of the bail application has been placed and submitted that the affidavit of the bail application has been given by the father of the applicant who has stated in the said paragraphs. It is submitted that the applicant has no criminal history as stated in para 16 of the affidavit and is in jail since 21.06.2025.

8. Per contra, learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant although is present but he has not opposed the argument and the prayer for bail in the present matter and submits that the victim/first informant is ready to marry the applicant.

9. After having heard learned counsels for the parties and perusing the records, it is evident that the first incident of rape as alleged in the FIR was committed by the applicant on the victim/first informant on 03.04.2020 and there is an allegation of the applicant then committing rape upon her. There was no complaint earlier by the victim or any of her family members regarding the incident. Subsequently after five years, the present FIR has been lodged. The case is a case of some discussion of marriage between the parties which could not materialize. The victim as of now is a major girl.

10. 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.

11. Let the applicant Arif, 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.

12. 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.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. Order Date :- 5.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Sri Rahul Kumar, Advocate holding brief of Sri Dinesh Yadav, learned counsel appears for the first informant/O.P. No.2 and submits that he has filed vakalatnama in the office on 04.08.2025. The same is not on record.

3. Office to trace out the same and place it on record and make a note in the order sheet about it.

4. Heard Sri Saurabh Pathak, learned counsel for the applicant, Sri Rahul Kumar, Advocate holding brief of Sri Dinesh Yadav, learned counsel for the first informant/O.P. No.2 and Sri Birendra Pratap Singh, learned counsel for the State/O.P. No.1 and perused the material on record.

5. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Arif, seeking enlargement on bail during trial in connection with Case Crime No. 0084 of 2025, under Sections 64(2)(M), 115(2), 352, 351(2) BNS and 5L/6 POCSO Act, registered at Police Station Sahar, District Auraiya.

6. The FIR of the matter was lodged on 17.06.2025 by the victim against the applicant and Asif alleging therein that the marriage of her elder sister was fixed with co-accused Asif in the year 2020. He was their relative. The marriage could not be solemnized as there was some scarcity of money which later on was solemnized on 26.03.2022. Arif the brother of Asif met her and made a promise to marry her. At that time she was a minor. He entangled her in his love and on a false promise to marry for the first time on 03.04.2020 established physical relationship with her. He clicked her photographs and made a video. On threat to make it viral if she tells it to anyone. When she attained majority she asked him to marry her which was being avoided by him. On 09.03.2025 at about 04:30 pm he came to her house when her family members had gone to Kanpur and committed rape upon her. He refused marriage. Report be lodged and action be taken.

7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the devar of the elder sister of the victim. It is submitted that the relationship between the applicant and the victim was a consensual relationship. There was some discussion of marriage between them which subsequently could not materialize and thus the FIR has been lodged. It is submitted that on the own showing of the victim the first incident of rape was committed by the applicant on her on 03.04.2020 but the same was not reported by her and subsequently after about more than five years on 17.06.2025 the present FIR has been lodged. It is submitted that the applicant is ready to marry the victim. It is submitted that initially the family members of the applicant were not ready for the marriage and thus the marriage could not be solemnized but now the family members are convinced and have given permission for marriage. It is submitted that the applicant also undertakes to marry the prosecutrix as soon as he is released from jail, para 13 and 14 of the affidavit in support of the bail application has been placed and submitted that the affidavit of the bail application has been given by the father of the applicant who has stated in the said paragraphs. It is submitted that the applicant has no criminal history as stated in para 16 of the affidavit and is in jail since 21.06.2025.

8. Per contra, learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant although is present but he has not opposed the argument and the prayer for bail in the present matter and submits that the victim/first informant is ready to marry the applicant.

9. After having heard learned counsels for the parties and perusing the records, it is evident that the first incident of rape as alleged in the FIR was committed by the applicant on the victim/first informant on 03.04.2020 and there is an allegation of the applicant then committing rape upon her. There was no complaint earlier by the victim or any of her family members regarding the incident. Subsequently after five years, the present FIR has been lodged. The case is a case of some discussion of marriage between the parties which could not materialize. The victim as of now is a major girl.

10. 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.

11. Let the applicant Arif, 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.

12. 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.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. Order Date :- 5.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad