High Court
Case Details
Neutral Citation No. - 2025:AHC:145895 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26605 of 2025 Applicant :- Rajesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Upendra Upadhyay, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Rajesh Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 315 of 2024, under Sections 333, 352, 351(3), 64(2cha) B.N.S., Police Station Jaithara, District Etah. 4. The first information report of the present matter was lodged on 25.09.2024 on the basis of an application dated 14.08.2024 moved under Section 175(4) B.N.S.S, 2023 against the applicant alleging therein that her husband died around 07 years back. She earns her livelihood by working as a labour. She lives in her house along with her children. Rajesh her devar has evil eye on her. He has tried to commit rape upon her earlier many times. On 11.08.2024 at about 9 pm her devar Rajesh while climbing the wall came inside the house and tried to commit rape upon her. He gagged her mouth so that she may not shout. He outraged her modesty. On her shout her children woke up and many people of her neighbour had gathered there on which Rajesh while extending threat ran away. People of the village made a video of it. 5. 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 first informant / victim. It is submitted that although the present incident is stated to have taken place on 11.08.2024 but the application under Section 175(4) B.N.S.S. has been moved on 14.08.2024 by the victim. It is submitted that there is a dispute going on between the victim and the applicant with regard to family matters. It is submitted that owing to the said dispute an incident occurred on 11.08.2024 which was seen by the police of Police Station Jaithara, District Etah after which the applicant was challaned under Section 170 B.N.S.S., the copy of the said challani report has been placed before the Court which is annexed as Annexure-2 of the affidavit. It is submitted that initially the present case was a case of an attempt to rape which was reiterated in the statement of the victim recorded under Section 180 B.N.S.S. but subsequently in her statement recorded under Section 183 B.N.S.S. she states of the applicant committing rape upon her. It is submitted that the same is an improvement in the present matter just to give a different colour to the present matter. While placing paragraph 18 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 05 of the affidavit and is in jail since 06.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the devar of the victim and there are no chances of misidentity or false implication. It is submitted that after the present incident the applicant went to sleep to the house of Santosh his friend wherein he told him that he has committed rape upon the victim. It is submitted that as such the present case is a case where there is extra-judicial confession of the applicant. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the devar of the first informant / victim. There was a dispute between the first informant and the victim on the day of the alleged incident after which the police had challaned the applicant under Section 170 B.N.S.S. The allegation of rape was not alleged in the first information report and in the statement of the victim recorded under Section 180 B.N.S.S. which then subsequently finds place in her statement recorded under Section 183 B.N.S.S. The investigation in the matter has concluded and charge-sheet has been submitted. 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- Rajesh Kumar, 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. 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.
Decision
12. Pending application (s), if any, shall stand disposed of. Order Date :- 23.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad