State of U.P v. Party

2. Heard Ms. Rachna Dubey, learned counsel for the applicant, Sri Abhishek, learned counsel for the first informant, Sri Birendra Pratap Singh, learned AGA 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 Ujjawal Upadhyay, seeking enlargement on bail during trial in connection with Case Crime No.372 of 2025, under Section(s) 64, 115(2), 351(2) B.N.S. registered at P.S. T.P. Nagar, District- Meerut.

4. The F.I.R. of the matter was lodged on 1.7.2025 by the victim against the applicant alleging therein that on 01.07.2025 at about 04:00 a.m. she went from her room to toilet made on roof. When she returned back Ujjawal was standing behind the door and when she entered in the room he pressed her mouth and on threat to murder her and her children, established physical relationship with her. She tried to raise shout on which he gagged her mouth with chunni. He committed rape twice till around 6:00 a.m or 6:30 a.m. Later on she took out the cloth from her mouth and raised shout on which her mother-in-law came there and tried to stop him on which he assaulted her and then her father-in-law came there who was pushed and then the applicant ran away. When her husband came to the house from night duty she told him about the incident then her husband called her mother and brother on which her 2 BAIL No. 27982 of 2025 mother and brother came to the house. She along with her husband, her mother and brother came to the police station to lodge a report.

5. Learned counsel for the applicant argued that the victim is a married woman. It is submitted that the present case is a case of consent. It is submitted that the victim has improved the prosecution version in her statement recorded under Section 180 B.N.S.S. It is submitted hat subsequently in her statement recorded under Section 183 B.N.S.S. the victim totally changes the prosecution version and states that around 10- 11 months back the applicant came to her house and asked for water and came behind her, after which he made her to smell something on which she became unconscious. All the family members were not in the house. He committed rape upon her. When she regained consciousness she felt that something wrong has been done with her. Ujjawal clicked her video and blackmailed her. The applicant committed rape upon her many times on the pretext of deleting the said video. It is submitted that as such the prosecution version being the statements of the victim is not consistent. It is argued that the applicant has no other criminal antecedents as stated in para-27 of the affidavit and is in jail since 03.07.2025.

6. Per contra, learned State counsel opposed the prayer for bail.

7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major, married woman. The prosecution story is not consistent. The victim has been continuously changing the prosecution version in her statements recorded during investigation.

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- Ujjawal Upadhayay, 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:- 3 BAIL No. 27982 of 2025 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. 4 BAIL No. 27982 of 2025

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. September 23, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Ms. Rachna Dubey, learned counsel for the applicant, Sri Abhishek, learned counsel for the first informant, Sri Birendra Pratap Singh, learned AGA 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 Ujjawal Upadhyay, seeking enlargement on bail during trial in connection with Case Crime No.372 of 2025, under Section(s) 64, 115(2), 351(2) B.N.S. registered at P.S. T.P. Nagar, District- Meerut.

4. The F.I.R. of the matter was lodged on 1.7.2025 by the victim against the applicant alleging therein that on 01.07.2025 at about 04:00 a.m. she went from her room to toilet made on roof. When she returned back Ujjawal was standing behind the door and when she entered in the room he pressed her mouth and on threat to murder her and her children, established physical relationship with her. She tried to raise shout on which he gagged her mouth with chunni. He committed rape twice till around 6:00 a.m or 6:30 a.m. Later on she took out the cloth from her mouth and raised shout on which her mother-in-law came there and tried to stop him on which he assaulted her and then her father-in-law came there who was pushed and then the applicant ran away. When her husband came to the house from night duty she told him about the incident then her husband called her mother and brother on which her 2 BAIL No. 27982 of 2025 mother and brother came to the house. She along with her husband, her mother and brother came to the police station to lodge a report.

5. Learned counsel for the applicant argued that the victim is a married woman. It is submitted that the present case is a case of consent. It is submitted that the victim has improved the prosecution version in her statement recorded under Section 180 B.N.S.S. It is submitted hat subsequently in her statement recorded under Section 183 B.N.S.S. the victim totally changes the prosecution version and states that around 10- 11 months back the applicant came to her house and asked for water and came behind her, after which he made her to smell something on which she became unconscious. All the family members were not in the house. He committed rape upon her. When she regained consciousness she felt that something wrong has been done with her. Ujjawal clicked her video and blackmailed her. The applicant committed rape upon her many times on the pretext of deleting the said video. It is submitted that as such the prosecution version being the statements of the victim is not consistent. It is argued that the applicant has no other criminal antecedents as stated in para-27 of the affidavit and is in jail since 03.07.2025.

6. Per contra, learned State counsel opposed the prayer for bail.

7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major, married woman. The prosecution story is not consistent. The victim has been continuously changing the prosecution version in her statements recorded during investigation.

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- Ujjawal Upadhayay, 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:- 3 BAIL No. 27982 of 2025 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. 4 BAIL No. 27982 of 2025

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. September 23, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad