State of U.P v. Party

2. Heard Sri Vikrant Gupta, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Rizwan Ali, seeking enlargement on bail during trial in connection with Case Crime No. 292 of 2025, under Sections 64(1) B.N.S., Police Station Civil Lines, District Rampur.

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

06.08.2025 by the victim against the applicant alleging therein that on

05.08.2025 she was receiving many calls and messages on her mobile and was being called to Rampur. On getting entangled in the talks she went to Rampur where the applicant met her and took her to a hotel where they booked a room. He then started talking to her and started touching her inappropriately which was opposed by her. He then committed sexual assault on her three times. Somehow she came out of the room of hotel and called her relatives. A report be lodged and action be taken.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. reiterates the version of the first information report and has disclosed her age as 26 years. It is submitted that subsequently the victim in her statement recorded under Section 183 2 BAIL No. 30568 of 2025 B.N.S.S. she states that she has been in a love relationship with the applicant since the last two years and he on a false promise to marry established physical relationship with her many times. He also took her to a hotel where she went and then in a room established physical relationship with her three times. It is submitted that the relationship between the applicant and the victim was a consensual relationship, the first information report has been lodged just in order to falsely implicate, harass and blackmail the applicant. The applicant has no criminal history as stated in para 29 of the affidavit and is in jail since 08.08.2025.

6. Per contra, 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. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman. The applicant and the victim were in relationship since the last two years. She went with the applicant to a hotel where it is alleged that sexual assault was committed on her. The investigation in the matter has concluded and charge-sheet has been submitted.

8. 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.

9. Let the applicant- Rizwan Ali, 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 3 BAIL No. 30568 of 2025 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.

10. 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.

11. The bail application is allowed.

12. Pending application (s), if any, shall stand disposed of. September 8, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Vikrant Gupta, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Rizwan Ali, seeking enlargement on bail during trial in connection with Case Crime No. 292 of 2025, under Sections 64(1) B.N.S., Police Station Civil Lines, District Rampur.

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

06.08.2025 by the victim against the applicant alleging therein that on

05.08.2025 she was receiving many calls and messages on her mobile and was being called to Rampur. On getting entangled in the talks she went to Rampur where the applicant met her and took her to a hotel where they booked a room. He then started talking to her and started touching her inappropriately which was opposed by her. He then committed sexual assault on her three times. Somehow she came out of the room of hotel and called her relatives. A report be lodged and action be taken.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. reiterates the version of the first information report and has disclosed her age as 26 years. It is submitted that subsequently the victim in her statement recorded under Section 183 2 BAIL No. 30568 of 2025 B.N.S.S. she states that she has been in a love relationship with the applicant since the last two years and he on a false promise to marry established physical relationship with her many times. He also took her to a hotel where she went and then in a room established physical relationship with her three times. It is submitted that the relationship between the applicant and the victim was a consensual relationship, the first information report has been lodged just in order to falsely implicate, harass and blackmail the applicant. The applicant has no criminal history as stated in para 29 of the affidavit and is in jail since 08.08.2025.

6. Per contra, 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. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman. The applicant and the victim were in relationship since the last two years. She went with the applicant to a hotel where it is alleged that sexual assault was committed on her. The investigation in the matter has concluded and charge-sheet has been submitted.

8. 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.

9. Let the applicant- Rizwan Ali, 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 3 BAIL No. 30568 of 2025 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.

10. 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.

11. The bail application is allowed.

12. Pending application (s), if any, shall stand disposed of. September 8, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad