Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31537 of 2025 Ahsan State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) Sushil Kumar Pandey : : G.A. Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ahsan, seeking enlargement on bail during trial in connection with Case Crime No. 176 of 2025, under Sections 64(1), 331(6) BNS, registered at Police Station Charthawal, District Muzaffar Nagar. 4. The FIR of the matter was lodged on 16.07.2025 at about 15:27 hours by Ajay against the applicant alleging therein that the house of the informant was under repair which was completed and in the last tiles and stones were fixed around 20 days back. Ahsan the present applicant was the main mason doing the work. The entire work was done and payment was also done. The informant then went to Panipat where he was working in a company. His wife and children were alone in the house. On coming to know of it taking advantage Ahsan reached the house at about 07:30 pm and on the pretext of meet of his wife lured her and took her inside the room and committed rape upon her. On making a shout he ran away on a motorcycle. 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 there was a dispute with regards to payment of money for work between the applicant and the informant. It is submitted that there had already been a quarrel and fight between the applicant and the informant with regard to the said payment of money for work and thus the police on 16.07.2025 at about 13:14 hours challaned the applicant and two other persons under Sections 170/126/135 BNSS and a G.D. No. 25 of the said date and time of Police 2 BAIL No. 31537 of 2025 Station Charthawal, District Muzaffar Nagar was drawn. It is submitted that the present case is a case of dispute of payment of money wherein the applicant has been falsely implicated in the present case. It is submitted that even in the challani report is mentioned that there was a dispute with regard to payment of money and the parties were quarrelling for it. It is submitted that the applicant has no criminal history as stated in para 17 of the affidavit and is in jail since 18.07.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a married major woman. The applicant worked in the house of the first informant/victim as a mason in the repair work. There was some dispute between them for which police had challaned the applicant and G.D. was drawn. The medical examination of the victim does not show any injury on her body. 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 Ahsan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of 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, 3 BAIL No. 31537 of 2025 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 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. 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.
Decision
12. Pending application(s), if any, shall stand disposed of. September 16, 2025 M. ARIF (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad