✦ High Court of India · 22 Aug 2025

High Court · 2025

Case Details High Court of India · 22 Aug 2025
Court
High Court of India
Decided
22 Aug 2025
Bench
Not available
Length
1,007 words

2. Heard Sri Gaurav Gupta, 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 Shilendra, seeking enlargement on bail during trial in connection with Case Crime No. 49 of 2025, under Sections 331(4), 64(1) BNS, registered at Police Station Paraur, District Shahjahanpur.

4. The FIR of the matter was lodged on 18.04.2025 by Rajesh against the applicant under Sections 331(4), 74 BNS, 2023 alleging therein that on 15.04.2025 at about 08:30 pm he was lying down in his field like before which is near his house. At that time, Shilendra the applicant scaling the wall and entered in his house and an ill intention caught hold of his wife. He suddenly reached there and exhorted on which Shilendra ran away after jumping the wall. 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 the victim in her statement recorded under Section 180 BNSS reiterates the version of the FIR but further adds that her husband tried to apprehend the accused by closing the latches but he jumped the wall and ran away and thus he could not be apprehended. She further states that no wrongful act was done with her. It is submitted that subsequently in her statement of the victim under Section 183 BNSS she states that the applicant committed rape upon her. It is submitted that the Investigating Officer then deleted the Section 74 BNS, 2023 and added the Section 64(1) BNS, 2023 in the matter. It is submitted that the factum of rape by the applicant on the victim is missing in the FIR, statement of the first informant recorded during investigation and also in the statement of the victim recorded under Section 180 BNSS. It is submitted that the factum of rape for the first time is stated by the victim in her statement under Section 183 BNSS. It is submitted that charge sheet in the matter has been submitted against the applicant on 14.07.2025, para 16 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 24 of the affidavit and is in jail since 15.06.2025.

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 allegation of rape is missing in the FIR, statement of the first informant recorded during investigation and also in the statement of the victim recorded under Section 180 BNSS which has been come for the first time in the statement of the victim recorded under Section 183 BNSS. The victim is a major married woman having children.

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 Shilendra, 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 :- 22.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Gaurav Gupta, 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 Shilendra, seeking enlargement on bail during trial in connection with Case Crime No. 49 of 2025, under Sections 331(4), 64(1) BNS, registered at Police Station Paraur, District Shahjahanpur.

4. The FIR of the matter was lodged on 18.04.2025 by Rajesh against the applicant under Sections 331(4), 74 BNS, 2023 alleging therein that on 15.04.2025 at about 08:30 pm he was lying down in his field like before which is near his house. At that time, Shilendra the applicant scaling the wall and entered in his house and an ill intention caught hold of his wife. He suddenly reached there and exhorted on which Shilendra ran away after jumping the wall. 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 the victim in her statement recorded under Section 180 BNSS reiterates the version of the FIR but further adds that her husband tried to apprehend the accused by closing the latches but he jumped the wall and ran away and thus he could not be apprehended. She further states that no wrongful act was done with her. It is submitted that subsequently in her statement of the victim under Section 183 BNSS she states that the applicant committed rape upon her. It is submitted that the Investigating Officer then deleted the Section 74 BNS, 2023 and added the Section 64(1) BNS, 2023 in the matter. It is submitted that the factum of rape by the applicant on the victim is missing in the FIR, statement of the first informant recorded during investigation and also in the statement of the victim recorded under Section 180 BNSS. It is submitted that the factum of rape for the first time is stated by the victim in her statement under Section 183 BNSS. It is submitted that charge sheet in the matter has been submitted against the applicant on 14.07.2025, para 16 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 24 of the affidavit and is in jail since 15.06.2025.

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 allegation of rape is missing in the FIR, statement of the first informant recorded during investigation and also in the statement of the victim recorded under Section 180 BNSS which has been come for the first time in the statement of the victim recorded under Section 183 BNSS. The victim is a major married woman having children.

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 Shilendra, 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 :- 22.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

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