State of U.P v. Party

2. Heard Sri Shyam Surat Shukla, learned counsel for the applicant, Sri Anshuman Vidhu Chandra, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. Sri Shyam Surat Shukla, Advocate appearing for the applicant submits that he has filed his Vakalatnama in the office on 12.09.2025. Office is directed to trace out the same and place it on record and make a note in the order-sheet about it.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ashwani Rathi, seeking enlargement on bail during trial in connection with Case Crime No. 450 of 2025, under Sections 123, 64, 115(2) B.N.S., Police Station Kankerkheda, District Meerut.

5. The first information report of the present matter was lodged on

02.07.2025 by the victim against the applicant alleging therein that the applicant was her friend. On 01.07.2025 he called her and told her that he would get her admitted in MIET College in Meerut with some concession. She and the applicant had met earlier at different places. When she reached MIET College at about 12 pm he took her on his bike and told her to go to eat something. Then he bought a cold-drink and took her in a room in hotel and mixed something and 2 BAIL No. 29157 of 2025 made her forcibly drink after which she became unconscious and then he took out her clothes and established physical relationship. When she tried to get rid off then he assaulted her. She then somehow managed to escape from there. A report be lodged and action be taken.

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 a major lady aged about 23 years. It is submitted that the victim wanted to get herself admitted in LL.M. stream and thus the same would go to show that she has completed her LL.B. course. It is submitted that the victim states that she was knowing the applicant since the last 06 months. It is submitted that the victim went with the applicant to a hotel where she alleges of the applicant giving her cold- drink after mixing something and then she became unconscious and he committed rape upon her. It is submitted that the present case appears to be a case of consent. It is submitted that the victim was not found to have received any injury either externally or internally. It is submitted that even previously the victim had lodged a first information report as Case Crime No. 0636 of 2024, under Sections 87, 74, 76, 351(3) B.N.S., Police Station Modi Nagar, District Ghaziabad against Abhishek Sangwan and Bhanu Malik wherein she has alleged physical assault by them and also the accused persons outraging her modesty. It is submitted that the same would go to show that the victim is a person who is involved in blackmailing persons. The applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 03.07.2025.

7. Per contra, learned counsel for the first informant opposed the prayer for bail and submitted that the victim during investigation has supported the prosecution version and has levelled allegations of rape against her after giving her intoxicated cold-drink.

8. Learned counsel for the State also opposed the prayer for bail and submitted that the investigation in the matter has concluded and charge-sheet has been submitted against the applicant.

9. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is aged about 23 years. She states 3 BAIL No. 29157 of 2025 of getting herself admitted in LL.M. stream. She went with the applicant to a hotel. Even previously she has lodged a first information report against two persons for outraging her modesty and sexual assault on her. The investigation in the matter has concluded and charge-sheet has been submitted.

10. 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.

11. Let the applicant- Ashwani Rathi, 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 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 4 BAIL No. 29157 of 2025 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.

12. 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.

13. The bail application is allowed.

14. Pending application (s), if any, shall stand disposed of. September 15, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Shyam Surat Shukla, learned counsel for the applicant, Sri Anshuman Vidhu Chandra, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. Sri Shyam Surat Shukla, Advocate appearing for the applicant submits that he has filed his Vakalatnama in the office on 12.09.2025. Office is directed to trace out the same and place it on record and make a note in the order-sheet about it.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ashwani Rathi, seeking enlargement on bail during trial in connection with Case Crime No. 450 of 2025, under Sections 123, 64, 115(2) B.N.S., Police Station Kankerkheda, District Meerut.

5. The first information report of the present matter was lodged on

02.07.2025 by the victim against the applicant alleging therein that the applicant was her friend. On 01.07.2025 he called her and told her that he would get her admitted in MIET College in Meerut with some concession. She and the applicant had met earlier at different places. When she reached MIET College at about 12 pm he took her on his bike and told her to go to eat something. Then he bought a cold-drink and took her in a room in hotel and mixed something and 2 BAIL No. 29157 of 2025 made her forcibly drink after which she became unconscious and then he took out her clothes and established physical relationship. When she tried to get rid off then he assaulted her. She then somehow managed to escape from there. A report be lodged and action be taken.

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 a major lady aged about 23 years. It is submitted that the victim wanted to get herself admitted in LL.M. stream and thus the same would go to show that she has completed her LL.B. course. It is submitted that the victim states that she was knowing the applicant since the last 06 months. It is submitted that the victim went with the applicant to a hotel where she alleges of the applicant giving her cold- drink after mixing something and then she became unconscious and he committed rape upon her. It is submitted that the present case appears to be a case of consent. It is submitted that the victim was not found to have received any injury either externally or internally. It is submitted that even previously the victim had lodged a first information report as Case Crime No. 0636 of 2024, under Sections 87, 74, 76, 351(3) B.N.S., Police Station Modi Nagar, District Ghaziabad against Abhishek Sangwan and Bhanu Malik wherein she has alleged physical assault by them and also the accused persons outraging her modesty. It is submitted that the same would go to show that the victim is a person who is involved in blackmailing persons. The applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 03.07.2025.

7. Per contra, learned counsel for the first informant opposed the prayer for bail and submitted that the victim during investigation has supported the prosecution version and has levelled allegations of rape against her after giving her intoxicated cold-drink.

8. Learned counsel for the State also opposed the prayer for bail and submitted that the investigation in the matter has concluded and charge-sheet has been submitted against the applicant.

9. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is aged about 23 years. She states 3 BAIL No. 29157 of 2025 of getting herself admitted in LL.M. stream. She went with the applicant to a hotel. Even previously she has lodged a first information report against two persons for outraging her modesty and sexual assault on her. The investigation in the matter has concluded and charge-sheet has been submitted.

10. 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.

11. Let the applicant- Ashwani Rathi, 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 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 4 BAIL No. 29157 of 2025 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.

12. 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.

13. The bail application is allowed.

14. Pending application (s), if any, shall stand disposed of. September 15, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad