Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28681 of 2025 Akshay Kumar State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Ashfaq Ahmed Ansari : G.A., Manoj Kumar Mishra Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Heard Sri Ashfaq Ahmed Ansari, learned counsel for the applicant, Sri Manoj Kumar Mishra, learned counsel for the first informant, Sri V.D. Ojha, learned AGA for the State and perused the material on record. 3. Despite name of Sri Manoj Kumar Mishra being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 4. Learned counsel for the State submits that he has received instructions in the matter for which time was prayed and was allowed on 21.8.2025. 5. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Akshay Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 188 of 2025, under Section 70(1) B.N.S., registered at P.S. Nakur, District- Saharanpur. 6. The F.I.R. of the matter was lodged on 08.6.2025 by Smt. Sanjogita Devi against the applicant and Adesh Kumar alleging therein that her daughter was allured by Adesh Kumar who established physical relationship with her and made audio and video of it. Subsequently Akshay Kumar the cousin brother of Adesh Kumar blackmailed her daughter and committed rape on her. When she refused it, they sent said audio and video to villagers on Whatsapp. 7. Learned counsel for the applicant argued that the applicant has been 2 BAIL No. 28681 of 2025 falsely implicated in the present case. It is submitted that the victim is a major girl aged about 19 years. It is submitted that the victim was having love affair with the co-accused Adesh Kumar but the applicant has been implicated in the present matter only because of the reason that he is the cousin brother of Adesh Kumar. It is submitted that co-accused Adesh Kumar with whom the victim was having love affair, has been granted bail by a co-ordinate Bench of this Court vide order dated 20.8.2025 passed in Criminal Misc. Bail Application No. 26207 of 2025, copy of the said order has been placed before the Court which is taken on record. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. states of the applicant and Adesh Kumar committing rape on her and even in her statement recorded under Section 180 B.N.S.S. she states of both the accused committing rape upon her. It is submitted that the doctor did not find any injury on the body of the victim. It is argued that the applicant has no other criminal antecedents as stated in para-17 of the affidavit and is in jail since 25.7.2025. 8. Per contra, learned State counsel as well as learned counsel for the first informant opposed the prayer for bail. 9. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major girl. Co-accused Adesh Kumar with whom the victim was having love affair, has been granted bail. The F.I.R. and the statement of the victim are in variance to each other. 10. 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. 11. Let the applicant- Akshay 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. 3 BAIL No. 28681 of 2025 (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. 12. 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. 13. The bail application is allowed.
Decision
14. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) September 9, 2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad