High Court · 2025

2. Heard Sri Akhilesh Kumar Pandey, 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 Gaurav Kumar Maurya, seeking enlargement on bail during trial in connection with Case Crime No. 152 of 2025, under Sections 87, 127(2), 64, 351(3), 115(2), 352 BNS, registered at Police Station Jahanabad, District Pilibhit.

4. The FIR of the matter was lodged on 25.04.2025 by the victim against the applicant and four other persons alongwith unknown person on the basis of an application dated 05.02.0205 moved under Section 173(4) BNSS alleging therein that on 18.01.2025 co-accused Khushboo called her outside the cremation ground at about 05:00 pm where she reached and found Gaurav Maurya and one more unknown person standing on a motorcycle. The said persons then caught hold of her forcibly and took her on a motorcycle and on a threat by a country made pistol took her to Sonipat, Haryana. They then detained her for six days in a room and committed rape upon her. Gaurav took her out one day and roamed at various places. He then came back with her to his village and locked her in a room. The family members of Gaurav abused her and assaulted her. On the next day Gaurav brought her to Bareilly and made her sign forcibly on stamp papers. He then brought her back to his village from where getting an opportunity, she ran to her house. She then told about the incident to her parents. Khushboo has helped them in the incident. She went to the police station to lodge a report and gave an application on which no action was taken by the police. Then on 31.01.2025 an application was sent to the Superintendent of Police by registered post but even on which no action was taken. The application is thus being moved.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman. She disclosed her age as 21 years during investigation. It is submitted that the victim went to the said place on the call out of her own free will. It is submitted that the victim travelled to various places on motorcycle but the evidence does not show her resisting the same or opposing it. It is submitted that the medical examination of the victim does not show any injury either on her body or in her private part. It is submitted that the FIR has been lodged on the basis of an application dated 05.0.2025 moved under Section 173(4) BNSS which is after a delay of about 17 days. It is submitted that the date of birth of the victim as per school records is 10.06.2004 and thus she is a major. It is submitted that the applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 14.05.2025.

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 aged about 21 years. She travelled in various places with the applicant for which she did not make any opposition or resistance. The FIR has been lodged on the basis of an application moved under Section 173(4) BNSS which is after a delay of about 17 days.

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 Gaurav Kumar Maurya, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) 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. (Samit Gopal, J.) Order Date :- 12.8.2025 M. ARIF MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Akhilesh Kumar Pandey, 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 Gaurav Kumar Maurya, seeking enlargement on bail during trial in connection with Case Crime No. 152 of 2025, under Sections 87, 127(2), 64, 351(3), 115(2), 352 BNS, registered at Police Station Jahanabad, District Pilibhit.

4. The FIR of the matter was lodged on 25.04.2025 by the victim against the applicant and four other persons alongwith unknown person on the basis of an application dated 05.02.0205 moved under Section 173(4) BNSS alleging therein that on 18.01.2025 co-accused Khushboo called her outside the cremation ground at about 05:00 pm where she reached and found Gaurav Maurya and one more unknown person standing on a motorcycle. The said persons then caught hold of her forcibly and took her on a motorcycle and on a threat by a country made pistol took her to Sonipat, Haryana. They then detained her for six days in a room and committed rape upon her. Gaurav took her out one day and roamed at various places. He then came back with her to his village and locked her in a room. The family members of Gaurav abused her and assaulted her. On the next day Gaurav brought her to Bareilly and made her sign forcibly on stamp papers. He then brought her back to his village from where getting an opportunity, she ran to her house. She then told about the incident to her parents. Khushboo has helped them in the incident. She went to the police station to lodge a report and gave an application on which no action was taken by the police. Then on 31.01.2025 an application was sent to the Superintendent of Police by registered post but even on which no action was taken. The application is thus being moved.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman. She disclosed her age as 21 years during investigation. It is submitted that the victim went to the said place on the call out of her own free will. It is submitted that the victim travelled to various places on motorcycle but the evidence does not show her resisting the same or opposing it. It is submitted that the medical examination of the victim does not show any injury either on her body or in her private part. It is submitted that the FIR has been lodged on the basis of an application dated 05.0.2025 moved under Section 173(4) BNSS which is after a delay of about 17 days. It is submitted that the date of birth of the victim as per school records is 10.06.2004 and thus she is a major. It is submitted that the applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 14.05.2025.

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 aged about 21 years. She travelled in various places with the applicant for which she did not make any opposition or resistance. The FIR has been lodged on the basis of an application moved under Section 173(4) BNSS which is after a delay of about 17 days.

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 Gaurav Kumar Maurya, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) 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. (Samit Gopal, J.) Order Date :- 12.8.2025 M. ARIF MOHAMMAD ARIF High Court of Judicature at Allahabad