State of U.P v. Party

2. Heard Sri Prabha Shanker Mishra, 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-Pratik Singh, seeking enlargement on bail during trial in connection with Case Crime No.264 of 2025, u/s 64(2)(M) BNS, .S. Lanka, District Varanasi.

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 23.8.2025.

5. The FIR of the matter was lodged on 16.7.2025 by the victim against the applicant alleging therein that on a false promise to marry, he established physical relationship with her. The applicant took her on various dates to various hotels and committed rape upon her. He clicked her photo and video and threatened her of making them viral. He has refused to marry her. A report be lodged and action be taken.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a major woman aged about 31 years. It is further argued that the relationship between the applicant and the victim was continuing from 16.2.2025 but FIR has been lodged on 16.7.2025 which is after a delay of about five months. 2 BAIL No. 28999 of 2025 The delay in lodging the FIR is unexplained. It is further argued that there was some discussion of marriage between the applicant and the victim which could not materialize due to which present FIR has been lodged. It is further argued that no such photograph or video of the victim was recovered. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit. While placing supplementary affidavit dated 7.9.2025, it has been submitted that prior to the present case the first informant had implicated one other person in a false case in which she then turned hostile before the trial court as being examined as P.W.2. Copy of the FIR dated 1.3.2023 and statement of the victim as P.W.2 recorded before the trial court has been placed before the Court which are annexure no.S.A-2 to the said supplementary affidavit. The applicant is in jail since 17.7.2025.

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

8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman. The relationship between the applicant and the victim was consensual relationship. The FIR is delayed by five months, the said delay is unexplained. There was some discussion of marriage between the applicant and the victim which could not materialize. No photograph or video of the victim has been recovered.

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-Pratik Singh, 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 she/he shall not 3 BAIL No. 28999 of 2025 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.

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.

13. Pending application(s), if any, shall stand disposed of. September 11, 2025 Gaurav Kuls (Samit Gopal,J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Prabha Shanker Mishra, 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-Pratik Singh, seeking enlargement on bail during trial in connection with Case Crime No.264 of 2025, u/s 64(2)(M) BNS, .S. Lanka, District Varanasi.

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 23.8.2025.

5. The FIR of the matter was lodged on 16.7.2025 by the victim against the applicant alleging therein that on a false promise to marry, he established physical relationship with her. The applicant took her on various dates to various hotels and committed rape upon her. He clicked her photo and video and threatened her of making them viral. He has refused to marry her. A report be lodged and action be taken.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a major woman aged about 31 years. It is further argued that the relationship between the applicant and the victim was continuing from 16.2.2025 but FIR has been lodged on 16.7.2025 which is after a delay of about five months. 2 BAIL No. 28999 of 2025 The delay in lodging the FIR is unexplained. It is further argued that there was some discussion of marriage between the applicant and the victim which could not materialize due to which present FIR has been lodged. It is further argued that no such photograph or video of the victim was recovered. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit. While placing supplementary affidavit dated 7.9.2025, it has been submitted that prior to the present case the first informant had implicated one other person in a false case in which she then turned hostile before the trial court as being examined as P.W.2. Copy of the FIR dated 1.3.2023 and statement of the victim as P.W.2 recorded before the trial court has been placed before the Court which are annexure no.S.A-2 to the said supplementary affidavit. The applicant is in jail since 17.7.2025.

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

8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman. The relationship between the applicant and the victim was consensual relationship. The FIR is delayed by five months, the said delay is unexplained. There was some discussion of marriage between the applicant and the victim which could not materialize. No photograph or video of the victim has been recovered.

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-Pratik Singh, 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 she/he shall not 3 BAIL No. 28999 of 2025 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.

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.

13. Pending application(s), if any, shall stand disposed of. September 11, 2025 Gaurav Kuls (Samit Gopal,J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad