High Court
Case Details
Neutral Citation No. - 2025:AHC:131092 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26876 of 2025 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Gaurav Kakkar, 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- Ankit, seeking enlargement on bail during trial in connection with Case Crime No. 0295 of 2025, under Sections 333, 64(2) B.N.S., Police Station Shoro, District Kasganj. 4. The first information report of the present matter was lodged on 11.06.2025 by the victim who was posted as a jail warden against the applicant alleging therein that on 10.06.2024 she was in her official residence in District Jail Kasganj wherein between 10.30 pm to 11.00 pm Ankit who is also posted as a jail warden entered inside by cutting mesh and forced himself upon her and in the said process pressed her neck due to which she became semi-conscious and he raped her. On her shrieks and shouts someone informed police at Dial 112 No. On the police reaching there she was saved. A report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the victim is a major and married woman posted in the police department and as of now in District Jail. It is submitted that the report of In-charge Inspector UP 112 PRV, District Kasganj shows that an information was given at the said PRV at about 12.53 am by Ashok Kumar that one person is in the house with his wife who is aged about 27 years and the house has been locked from outside. On the said information they reached there on which Ashok Kumar the husband of the victim / first informant informed them that there is some man inside the house with his wife and the matter appears to be of love relationship. It is submitted that the present case is a case in which as a matter of fact the victim / first informant was found in the house with the applicant by her husband who came to visit her and then the house was locked and police was informed. It is submitted that even the fact that Ashok Kumar the husband of the victim / first informant was to visit her on the said date has been stated by the victim in her statement recorded under Section 183 B.N.S.S. It is submitted that as such the present case is a case of consent in which the applicant has been falsely implicated only because of the reason that he was found in the house with the first informant by her husband. It is further submitted that the first information report is a belated document in as much as the incident is reported to be of 10.06.2025 from 10.30 pm to 11 pm but the first information report has been lodged on 11.06.2025 at 01 pm whereas the PRV was informed much earlier and a report and information has been punched by them at 12.53 am on 11.06.2025. While placing paragraph 39 of the affidavit it is submitted that the applicant is posted in the police force and working as warden in the concerned jail. The applicant has no criminal history as stated in para 42 of the affidavit and is in jail since 13.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major and married woman posted in the police department. The present case appears to be a case of consent. The charge-sheet in the matter 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- Ankit, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each (one of the sureties will be of family members and the other will be of a local person) 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 :- 5.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad