State of U.P v. Party

2. Heard Sri Vishal Pandey, learned counsel for the applicant, Sri Mahendra Tripathi, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

3. The Vakalatnama of Sri Mahendra Tripathi, learned counsel for the first informant is not on record. Office 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 the applicant- Jitesh Kushwah @ Jitesh, seeking filed by enlargement on bail during trial in connection with Case Crime No. 186 of 2025, under Sections 64(1), 123, 351(2) B.N.S., Police Station New Agra, District Agra.

5. The first information report of the present matter was lodged on 12.06.2025 by Smt. Indrawati against the applicant and 04 other persons alleging therein that in the year 2015 the marriage of her elder daughter was settled with the applicant after which the applicant and his family members used to talk to them. They invited them in a house warming party in the year 2019 after which talks on phone started between them. On 31.11.2022 her younger daughter was alone in the house and at about 10 am the applicant reached there and told her that he has come in an official meeting and mixed some 2 BAIL No. 29947 of 2025 medicine in her tea due to which she became intoxicated and then he committed rape on her and clicked her indecent photographs. He used to threaten her of making the said photos viral. In December 2022 her daughter got employed to the post of Lecturer in Inter college but the applicant continued threatening her and calling her to hotels and established physical relationship with her. In meantime, marriage of her daughter was fixed and ring ceremony was solemnized on 12.10.2024 in which the applicant and his family members were invited but they did not attend the said function. Subsequently the applicant went to the house of her in-laws and showed them her daughter's indecent photographs due to which her marriage got broken. The applicant used to call her to various hotels and from January 2024 and then on 17.07.2024 committed rape upon her.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the first informant has stated the age of the victim to be 34 years and thus she is a major woman. It is submitted that the boy with whom the marriage of the victim was settled was interrogated who stated that he did not not receive any such objectionable photographs of the victim through anyone but the marriage was broken since there was some misunderstanding and incompetence between the two persons. It is submitted that the present case is a case of consent. It is submitted that the first information report in the present matter has been lodged after an inordinate delay in as much as the first incident of rape is said to have taken place on 30.11.2022 but the same was not reported either by the victim or by her family members. While placing paragraph 27 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. It is submitted that no such objectionable video has been recovered during investigation. The applicant has no criminal history as stated in para 26 of the affidavit and is in jail since 28.07.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the first information report and in the statements of the victim recorded during investigation. 3 BAIL No. 29947 of 2025

8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman. The allegation of first incident of rape is of the year 2022 but no report or complaint was made either by the victim or by her family members. The applicant and victim continued to have physical relationship. She used to visit to various hotels. The first information report has been lodged after an inordinate delay. The investigation in the matter has concluded and charge-sheet has been submitted.

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- Jitesh Kushwah @ Jitesh, 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. 4 BAIL No. 29947 of 2025 (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.

13. Pending application (s), if any, shall stand disposed of. September 18, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. Heard Sri Vishal Pandey, learned counsel for the applicant, Sri Mahendra Tripathi, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

3. The Vakalatnama of Sri Mahendra Tripathi, learned counsel for the first informant is not on record. Office 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 the applicant- Jitesh Kushwah @ Jitesh, seeking filed by enlargement on bail during trial in connection with Case Crime No. 186 of 2025, under Sections 64(1), 123, 351(2) B.N.S., Police Station New Agra, District Agra.

5. The first information report of the present matter was lodged on 12.06.2025 by Smt. Indrawati against the applicant and 04 other persons alleging therein that in the year 2015 the marriage of her elder daughter was settled with the applicant after which the applicant and his family members used to talk to them. They invited them in a house warming party in the year 2019 after which talks on phone started between them. On 31.11.2022 her younger daughter was alone in the house and at about 10 am the applicant reached there and told her that he has come in an official meeting and mixed some 2 BAIL No. 29947 of 2025 medicine in her tea due to which she became intoxicated and then he committed rape on her and clicked her indecent photographs. He used to threaten her of making the said photos viral. In December 2022 her daughter got employed to the post of Lecturer in Inter college but the applicant continued threatening her and calling her to hotels and established physical relationship with her. In meantime, marriage of her daughter was fixed and ring ceremony was solemnized on 12.10.2024 in which the applicant and his family members were invited but they did not attend the said function. Subsequently the applicant went to the house of her in-laws and showed them her daughter's indecent photographs due to which her marriage got broken. The applicant used to call her to various hotels and from January 2024 and then on 17.07.2024 committed rape upon her.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the first informant has stated the age of the victim to be 34 years and thus she is a major woman. It is submitted that the boy with whom the marriage of the victim was settled was interrogated who stated that he did not not receive any such objectionable photographs of the victim through anyone but the marriage was broken since there was some misunderstanding and incompetence between the two persons. It is submitted that the present case is a case of consent. It is submitted that the first information report in the present matter has been lodged after an inordinate delay in as much as the first incident of rape is said to have taken place on 30.11.2022 but the same was not reported either by the victim or by her family members. While placing paragraph 27 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. It is submitted that no such objectionable video has been recovered during investigation. The applicant has no criminal history as stated in para 26 of the affidavit and is in jail since 28.07.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the first information report and in the statements of the victim recorded during investigation. 3 BAIL No. 29947 of 2025

8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman. The allegation of first incident of rape is of the year 2022 but no report or complaint was made either by the victim or by her family members. The applicant and victim continued to have physical relationship. She used to visit to various hotels. The first information report has been lodged after an inordinate delay. The investigation in the matter has concluded and charge-sheet has been submitted.

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- Jitesh Kushwah @ Jitesh, 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. 4 BAIL No. 29947 of 2025 (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.

13. Pending application (s), if any, shall stand disposed of. September 18, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad High Court of Judicature at Allahabad