High Court · 2025

Applicant :- Dheeraj Opposite Party :- State of U.P. Counsel for Applicant :- Shriman Narayan Tiwari Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Shriman Narayan Tiwari, learned counsel for the applicant, Sri Birendra Pratap Singh, 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 Dheeraj, seeking enlargement on bail during trial in connection with Case Crime No. 372 of 2025, under Sections 64(1), 115(2), 351(2), 351(3) BNS, registered at Police Station Jagdishpura, District Agra.

4. The FIR of the matter was lodged on 13.06.2025 by Anil against the applicant alleging therein that his daughter is aged about 19 years and studying in Class 12th. Dheeraj the applicant who is living near his house used to have an evil eye on his daughter. On 12.06.2025 at about 12:00 pm when his daughter was returning from the coaching along with her sister, Dheeraj came there and indulged in scuffle with his daughters wherein people collected there and intervened. Later on, his daughter told him that Dheeraj is pressuring her to have friendship with her. She further told him that Dheeraj had lured and taken her away to a tourist hotel in January where he clicked her nude photos and made a video of it and established forcible physical relationship with her. He is threatening her of making it viral. Report be lodged and action be taken.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that on the own showing in the FIR, the victim is a major girl aged about 19 years. It is submitted that the allegation of rape on the victim is in the month of January, 2025 but the FIR has been lodged on 13.06.2025 which is after about six months. It is submitted that the victim and her family members remained silent for about six months regarding the alleged incident of rape. While placing para 13 of the affidavit it is submitted that no such video or photograph has been recovered from the mobile of the applicant. It is submitted that there is no public witness to the incident, para 15 of the affidavit has been placed before the Court. It is submitted the applicant has no criminal history as stated in para 10 of the affidavit and is in jail since 14.06.2025.

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. The alleged incident of rape is in the month of January, 2025 which was not immediately reported either by the victim or her family members to any authorities. Subsequently, after about six months, the present FIR has been lodged in which the allegation of rape also surfaces for the first time. There is no public witness to the incident. No such video or photograph has been recovered.

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 Dheeraj, 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. (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. Order Date :- 21.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

Applicant :- Dheeraj Opposite Party :- State of U.P. Counsel for Applicant :- Shriman Narayan Tiwari Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Shriman Narayan Tiwari, learned counsel for the applicant, Sri Birendra Pratap Singh, 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 Dheeraj, seeking enlargement on bail during trial in connection with Case Crime No. 372 of 2025, under Sections 64(1), 115(2), 351(2), 351(3) BNS, registered at Police Station Jagdishpura, District Agra.

4. The FIR of the matter was lodged on 13.06.2025 by Anil against the applicant alleging therein that his daughter is aged about 19 years and studying in Class 12th. Dheeraj the applicant who is living near his house used to have an evil eye on his daughter. On 12.06.2025 at about 12:00 pm when his daughter was returning from the coaching along with her sister, Dheeraj came there and indulged in scuffle with his daughters wherein people collected there and intervened. Later on, his daughter told him that Dheeraj is pressuring her to have friendship with her. She further told him that Dheeraj had lured and taken her away to a tourist hotel in January where he clicked her nude photos and made a video of it and established forcible physical relationship with her. He is threatening her of making it viral. Report be lodged and action be taken.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that on the own showing in the FIR, the victim is a major girl aged about 19 years. It is submitted that the allegation of rape on the victim is in the month of January, 2025 but the FIR has been lodged on 13.06.2025 which is after about six months. It is submitted that the victim and her family members remained silent for about six months regarding the alleged incident of rape. While placing para 13 of the affidavit it is submitted that no such video or photograph has been recovered from the mobile of the applicant. It is submitted that there is no public witness to the incident, para 15 of the affidavit has been placed before the Court. It is submitted the applicant has no criminal history as stated in para 10 of the affidavit and is in jail since 14.06.2025.

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. The alleged incident of rape is in the month of January, 2025 which was not immediately reported either by the victim or her family members to any authorities. Subsequently, after about six months, the present FIR has been lodged in which the allegation of rape also surfaces for the first time. There is no public witness to the incident. No such video or photograph has been recovered.

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 Dheeraj, 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. (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. Order Date :- 21.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad