✦ High Court of India · 09 Sep 2025

State of U.P v. Party

Case Details High Court of India · 09 Sep 2025
Court
High Court of India
Decided
09 Sep 2025
Bench
SAMIT GOPAL
Length
1,016 words

2. Heard Sri P.K. Upadhyay, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Sanjay Bind, seeking enlargement on bail during connection with Case Crime No.114 of 2025, under Sections 64, 351(2) BNS, P.S. Chakiya, District Chandauli.

4. Learned counsel for the State states that he has received instructions in the matter for which he had prayed and was granted time on 21.8.2025.

5. The FIR of the matter was lodged on 29.6.2025 by the victim against the applicant alleging therein that her husband lives in Gujarat and works there and she along with her children lives in the village. She used to talk with the applicant since the last two years and there was physical relationship established between them many times. On 25.6.2025 in the night after dinner, she was sleeping in the house and her in-laws were sleeping in the courtyard wherein at about 3 a.m. the applicant came there and forcibly committed rape upon her and had many times assured her of marrying her. In the meantime her mother-in-law and father-in-law woke-up and saw the applicant there and tried to apprehend him who then leaving his sleepers ran away. He while running away extended threats to them. Now he is refusing marriage with her. A report be lodged and action be taken. 2 BAIL No. 28657 of 2025

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. The victim is a major and married woman having children. It is further argued that the relationship between the applicant and the victim was consensual relationship. The applicant reached the house of the victim on the consent of the victim and it was only after her in-laws woke up had seen and tried to apprehend the applicant. There was some discussion of marriage between the applicant and the victim which could not materialize due to which present FIR has been lodged. The relationship between the applicant and the victim was going on since last two years but there was no complaint whatsoever. It has also been pointed out that the applicant is not having any criminal history as stated in para 30 of the affidavit. The applicant is in jail since 1.7.2025.

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

7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major and married woman having children. The relationship between the applicant and the victim was consensual relationship. There was some discussion of marriage between the applicant and the victim which could not materialize due to which present FIR has been lodged. The relationship between the applicant and the victim was going on since last two years but there was no complaint whatsoever.

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-Sanjay Bind, 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. 28657 of 2025 (iii) The applicant shall file an undertaking to the effect that she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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. September 9, 2025 Gaurav Kuls (Samit Gopal,J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri P.K. Upadhyay, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Sanjay Bind, seeking enlargement on bail during connection with Case Crime No.114 of 2025, under Sections 64, 351(2) BNS, P.S. Chakiya, District Chandauli.

4. Learned counsel for the State states that he has received instructions in the matter for which he had prayed and was granted time on 21.8.2025.

5. The FIR of the matter was lodged on 29.6.2025 by the victim against the applicant alleging therein that her husband lives in Gujarat and works there and she along with her children lives in the village. She used to talk with the applicant since the last two years and there was physical relationship established between them many times. On 25.6.2025 in the night after dinner, she was sleeping in the house and her in-laws were sleeping in the courtyard wherein at about 3 a.m. the applicant came there and forcibly committed rape upon her and had many times assured her of marrying her. In the meantime her mother-in-law and father-in-law woke-up and saw the applicant there and tried to apprehend him who then leaving his sleepers ran away. He while running away extended threats to them. Now he is refusing marriage with her. A report be lodged and action be taken. 2 BAIL No. 28657 of 2025

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. The victim is a major and married woman having children. It is further argued that the relationship between the applicant and the victim was consensual relationship. The applicant reached the house of the victim on the consent of the victim and it was only after her in-laws woke up had seen and tried to apprehend the applicant. There was some discussion of marriage between the applicant and the victim which could not materialize due to which present FIR has been lodged. The relationship between the applicant and the victim was going on since last two years but there was no complaint whatsoever. It has also been pointed out that the applicant is not having any criminal history as stated in para 30 of the affidavit. The applicant is in jail since 1.7.2025.

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

7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major and married woman having children. The relationship between the applicant and the victim was consensual relationship. There was some discussion of marriage between the applicant and the victim which could not materialize due to which present FIR has been lodged. The relationship between the applicant and the victim was going on since last two years but there was no complaint whatsoever.

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-Sanjay Bind, 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. 28657 of 2025 (iii) The applicant shall file an undertaking to the effect that she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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. September 9, 2025 Gaurav Kuls (Samit Gopal,J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad

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