Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28866 of 2025 Rashid State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : : Syed Ali Imam G.A. Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Heard Sri Syed Ali Imam, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 22.08.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Rashid, seeking enlargement on bail during trial in connection with Case Crime No. 151 of 2025, under Sections 87, 64, 115(2) B.N.S., Police Station Pilkhuwa, District Hapur. 5. The first information report of the present matter was lodged on 26.03.2025, under Section 87 B.N.S. by Armaan against the applicant alleging therein that his sister aged about 19 years got angry and went from the house on 23.03.2025 at about 6 am. She told him that she was standing at GIS Hospital gate where she met a boy and asked for a mobile to call her would-be husband Wasim on which he gave his mobile and she called him but he refused to come. The said unknown boy named Rashid then made a false promise to marry lured her and took her to the house of his maternal uncle and kept her there. Next day Rashid took her forcibly with him. She on finding a way has come back. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is major 2 BAIL No. 28866 of 2025 girl aged about 19 years. It is submitted that during investigation the victim in her statement recorded under Section 180 B.N.S.S. has reiterated the version of the first information report. It is further submitted that the victim in her statement recorded under Section 183 B.N.S.S. states of the same as stated earlier but further states that the applicant took her in a four wheeler, gagged her mouth and assaulted her and took her in a jungle and committed rape upon her. It is submitted that subsequently Sections 64, 115(2) B.N.S. were added in the present case. It is submitted that the allegation of rape is an afterthought which has surfaced for the first time in the statement of the victim recorded under Section 183 B.N.S.S. It is submitted that the victim refused her internal examination and the doctor did not find any injury on her external body. While placing paragraph 23 of the affidavit it is submitted that the applicant was previously involved in one criminal case but in the said case his is on bail. The applicant is in jail since 26.03.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. The allegation of rape has not been stated by her in her statement recorded under Section 180 B.N.S.S. Subsequently the same is stated by her in her statement recorded under Section 183 B.N.S.S. 9. 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. 10. Let the applicant- Rashid, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of his family members and the other will be of a local person) 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 3 BAIL No. 28866 of 2025 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. 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. 12. The bail application is allowed.
Decision
13. Pending application (s), if any, shall stand disposed of. September 10, 2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad