✦ High Court of India · 15 Sep 2025

Virendra Lodh v. Party

Case Details High Court of India · 15 Sep 2025
Court
High Court of India
Decided
15 Sep 2025
Bench
SAMIT GOPAL
Length
1,035 words

2. Heard Sri Prabhakar Dubey, learned counsel for the applicant, Sri Anil Kumar Sharma, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 08.08.2025.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Virendra Lodh, seeking enlargement on bail during trial in connection with Case Crime No. 86 of 2025, under Sections 137(2), 87, 70(2)M B.N.S. and Section 5/6 POCSO Act, Police Station Dumariya Ganj, District Siddharth Nagar.

5. The first information report of the present matter was lodged on

19.05.2025 by Kinker Vishwakarma against the applicant and Pradeep Patel alleging therein that on 18.05.2025 his sister aged about 16 years was lured and enticed away by both the accused persons at about 10 am. They were working at the construction of Government water tank in the village. She was searched a lot but could not be traced. 2 BAIL No. 28103 of 2025

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim states that she went on the said date & time for bathroom where the applicant whom she was knowing since the last 11/2 months called her and on a false promise to marry lured her and took her near the water tank and committed rape upon her. It is submitted that subsequently the statement of the victim under Section 183 B.N.S.S. was recorded wherein she states that when she went to the bathroom the applicant was present there who called her and they were talking after which her father saw her, scolded her and called her back. Next day she met the applicant and was standing with him but the police came and took away Virendra. She states that Virendra did not do any illegal act on her. It is submitted that the said statement thus exonerates the applicant. It is submitted that the implication of the applicant is without any credible evidence. While placing paragraph 14 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 16 of the affidavit and is in jail since 20.05.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the statement of the victim is not consistent. In the statement of the victim recorded under Section 180 B.N.S.S. she states of the applicant committing rape upon her but further in her statement recorded under Section 183 B.N.S.S. she exonerates him. The investigation in the matter has concluded and charge-sheet has been submitted.

9. 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.

10. Let the applicant- Virendra Lodh, 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 3 BAIL No. 28103 of 2025 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.

11. 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. 4 BAIL No. 28103 of 2025

12. The bail application is allowed.

13. Pending application (s), if any, shall stand disposed of. September 15, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Prabhakar Dubey, learned counsel for the applicant, Sri Anil Kumar Sharma, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 08.08.2025.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Virendra Lodh, seeking enlargement on bail during trial in connection with Case Crime No. 86 of 2025, under Sections 137(2), 87, 70(2)M B.N.S. and Section 5/6 POCSO Act, Police Station Dumariya Ganj, District Siddharth Nagar.

5. The first information report of the present matter was lodged on

19.05.2025 by Kinker Vishwakarma against the applicant and Pradeep Patel alleging therein that on 18.05.2025 his sister aged about 16 years was lured and enticed away by both the accused persons at about 10 am. They were working at the construction of Government water tank in the village. She was searched a lot but could not be traced. 2 BAIL No. 28103 of 2025

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim states that she went on the said date & time for bathroom where the applicant whom she was knowing since the last 11/2 months called her and on a false promise to marry lured her and took her near the water tank and committed rape upon her. It is submitted that subsequently the statement of the victim under Section 183 B.N.S.S. was recorded wherein she states that when she went to the bathroom the applicant was present there who called her and they were talking after which her father saw her, scolded her and called her back. Next day she met the applicant and was standing with him but the police came and took away Virendra. She states that Virendra did not do any illegal act on her. It is submitted that the said statement thus exonerates the applicant. It is submitted that the implication of the applicant is without any credible evidence. While placing paragraph 14 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 16 of the affidavit and is in jail since 20.05.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the statement of the victim is not consistent. In the statement of the victim recorded under Section 180 B.N.S.S. she states of the applicant committing rape upon her but further in her statement recorded under Section 183 B.N.S.S. she exonerates him. The investigation in the matter has concluded and charge-sheet has been submitted.

9. 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.

10. Let the applicant- Virendra Lodh, 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 3 BAIL No. 28103 of 2025 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.

11. 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. 4 BAIL No. 28103 of 2025

12. The bail application is allowed.

13. Pending application (s), if any, shall stand disposed of. September 15, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Find similar cases Start drafting free
This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments