State of U.P v. Party

2. Heard Sri Vikrant Pandey, learned counsel for the applicant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record. Sri Mohammad Sakir, learned counsel for the first informant is not present even in the revised list.

3. The cause list shows that Sri Mohammad Sakir, Advocate, appears for the first informant and his name is printed in the cause list but his vakalatnama is not on the record. Office to trace it out and place it on the record and make a note about it in the order sheet.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Jubair, seeking enlargement on bail during trial in connection with Case Crime No.300 of 2025, under Section(s) 69, 352, 351(3) Bhartiya Nyaya Sanhita, 2023, registered at P.S. Thakurdwara, District Moradabad.

5. The F.I.R. of the matter was lodged on 19.7.2025 by the victim against the applicant alleging therein that in the year 2017 she was aged about 14 years and the applicant who was cousin brother-in-law, used to visit her house after his marriage. He had an evil eye on her and whenever her school closed he used to take her for dropping to the house and used to take her for roaming around. He entangled her to his sweet talks and in the year 2017 he forcibly committed rape upon her and clicked her nude 2 BAIL No. 29675 of 2025 photographs and made a video. He continued committing her sexual exploitation. When the family members tried to stop to talk to her, he states that he would marry her as in his religion more than one marriage is legal. In August 2019 he took her to Udhamsingh Nagar and kept her in a rented room and stated of marrying after some time. He used to come to room everyday and established sexual relationship with her. In the meantime 2-3 times she became pregnant but he get the pregnancy aborted saying that they will have a child after marriage. Due to lack of money she started working in a factory. When she told the applicant for marriage, he started assaulting her and snatched away her money which she used to get from the factory as salary. He on false promise to marry forcibly committed rape and on her becoming pregnant made to eat some medicines to abort it.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that allegation of rape upon the victim is of the year 2017 but there was no complaint made by the victim or her family members to any authority. It is submitted that even in August 2019 she went with the applicant to Udhamsingh Nagar and stayed there in a rented accommodation and even she became pregnant 2-3 times and her pregnancy was aborted yet no complaint has been made by the victim. It is submitted that thus the present F.I.R. is highly belated document just in order to falsely implicate the applicant and give the case a different colour. It is argued that the applicant has no other criminal antecedents as stated in para- 48 of the affidavit and is in jail since 20.7.2025.

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

8. After having heard learned counsels for the parties and perusing the record, it is evident that the first incident of alleged rape on the victim was in the year 2017. The same was not reported or informed to any authority either by the victim or her family members. The victim subsequently in the year 2019 started staying in a rented accommodation in Udhamsingh Nagar provided by the applicant where the applicant used to come and established physical relationship even then no complaint has been made. She became pregnant 2-3 times which was got aborted even 3 BAIL No. 29675 of 2025 then no complaint at that point of time was made by her. Subsequently the present F.I.R. has been lodged which is highly belated.

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- Jubair, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant and the other should be 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 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) 4 BAIL No. 29675 of 2025 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.

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 17, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Vikrant Pandey, learned counsel for the applicant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record. Sri Mohammad Sakir, learned counsel for the first informant is not present even in the revised list.

3. The cause list shows that Sri Mohammad Sakir, Advocate, appears for the first informant and his name is printed in the cause list but his vakalatnama is not on the record. Office to trace it out and place it on the record and make a note about it in the order sheet.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Jubair, seeking enlargement on bail during trial in connection with Case Crime No.300 of 2025, under Section(s) 69, 352, 351(3) Bhartiya Nyaya Sanhita, 2023, registered at P.S. Thakurdwara, District Moradabad.

5. The F.I.R. of the matter was lodged on 19.7.2025 by the victim against the applicant alleging therein that in the year 2017 she was aged about 14 years and the applicant who was cousin brother-in-law, used to visit her house after his marriage. He had an evil eye on her and whenever her school closed he used to take her for dropping to the house and used to take her for roaming around. He entangled her to his sweet talks and in the year 2017 he forcibly committed rape upon her and clicked her nude 2 BAIL No. 29675 of 2025 photographs and made a video. He continued committing her sexual exploitation. When the family members tried to stop to talk to her, he states that he would marry her as in his religion more than one marriage is legal. In August 2019 he took her to Udhamsingh Nagar and kept her in a rented room and stated of marrying after some time. He used to come to room everyday and established sexual relationship with her. In the meantime 2-3 times she became pregnant but he get the pregnancy aborted saying that they will have a child after marriage. Due to lack of money she started working in a factory. When she told the applicant for marriage, he started assaulting her and snatched away her money which she used to get from the factory as salary. He on false promise to marry forcibly committed rape and on her becoming pregnant made to eat some medicines to abort it.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that allegation of rape upon the victim is of the year 2017 but there was no complaint made by the victim or her family members to any authority. It is submitted that even in August 2019 she went with the applicant to Udhamsingh Nagar and stayed there in a rented accommodation and even she became pregnant 2-3 times and her pregnancy was aborted yet no complaint has been made by the victim. It is submitted that thus the present F.I.R. is highly belated document just in order to falsely implicate the applicant and give the case a different colour. It is argued that the applicant has no other criminal antecedents as stated in para- 48 of the affidavit and is in jail since 20.7.2025.

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

8. After having heard learned counsels for the parties and perusing the record, it is evident that the first incident of alleged rape on the victim was in the year 2017. The same was not reported or informed to any authority either by the victim or her family members. The victim subsequently in the year 2019 started staying in a rented accommodation in Udhamsingh Nagar provided by the applicant where the applicant used to come and established physical relationship even then no complaint has been made. She became pregnant 2-3 times which was got aborted even 3 BAIL No. 29675 of 2025 then no complaint at that point of time was made by her. Subsequently the present F.I.R. has been lodged which is highly belated.

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- Jubair, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant and the other should be 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 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) 4 BAIL No. 29675 of 2025 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.

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 17, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad