High Court · 2025

enlarge the applicant on bail. The first bail application of applicant was rejected by this Court vide order dated

27.04.2024, passed in Criminal Misc. Bail Application No. 45377 of 2023.

3. According to prosecution version, on 24.06.2023 the daughter of informant was going to Ayodhya by bus but in the way she has gone missing. Informant tried to search but in vain. On 03.07.2023 informant was informed by the police of Police Station - Kotwali, Basti that one girl has been recovered from Bairihawa Mohalla Basti in semi-conscious condition and she has been referred to Children Welfare Committee, Basti. On

05.07.2023 informant met his daughter and her medical examination was conducted. When informant's daughter (victim) became normal, she told that on 24.06.2023 while she was going to Ayodhya, she has asked for water from a passenger and after drinking the same, she became unconscious and he get her deboarded from the bus. Victim has further alleged that when she gained consciousness, she found herself locked in the house of applicant Smt. Gyanmati. It was further alleged that in connivance of applicant, co-accused Khushabu, Kajal, Alok, Sagar, Amit, Shivam and some unknown persons have committed rape upon her and she was mentally and physically harassed. When condition of victim deteriorated, applicant has thrown her out from her home and later on she was recovered by the police.

4. Learned counsel for the applicant submitted that applicant is innocent and she has been falsely implicated in this case. In medical examination report of victim, no injury has been shown on her person. There are material contradictions in the version of victim and that in her statement under Section - 164 Cr.P.C. she has developed an entirely new story. In her statement under Section - 164 Cr.P.C. victim has inter-alia stated that while she was going to Ayodhya by bus and in the way all the passengers have deboarded the bus and thereafter conductor and driver of bus have committed rape upon her and that she has become unconscious. She has further alleged that when she gained consciousness, co-accused Kajal, Amit and Alok forcibly took her to room of Kajal and there co-accused Amit, Shivam and Alok have committed rape upon her and later she was left at the house of applicant-accused. Learned counsel has referred statement of victim recorded under Section - 161 and 164 Cr.P.C. and submitted that allegations made by victim against applicant are wholly false. The allegation that victim was kept confined at the house of applicant, is wholly unreliable.

5. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 27.04.2024 and after that statement of P.W.-1 Ram Sagar Verma and victim (P.W.-2) have been recorded before the Trial court. Statement of victim recorded before the Trial court was referred and it was submitted that her statement is quite contradictory with her statement recorded under Section - 164 Cr.P.C. As per school transfer certificate, the age of victim is about 18 years. As per age certificate issued by the Chief Medical Officer, Basti, her age has been shown about 16 years and thus by giving a margin of two years on the upper side she has to be treated as a major girl. The allegation that applicant was indulging in prostitution is wholly false and in fact she is running a cosmetic shop. As statement of victim has already been recorded before the Trial court thus, there is no possibility of tampering with the evidence. It was stated that applicant is a lady and she is in languishing in jail since 24.07.2023, having no criminal history, and that trial of the case is likely to take sufficient long time in its conclusion. Lastly, it was submitted that in case applicant is enlarged on bail, she will not misuse the liberty of bail.

6. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that victim is a minor girl aged about about 16 years and that in her statement recorded under Section - 164 Cr.P.C., she has stated that she was kept confined for several days at the house of applicant and there she was subjected to rape. Statement of victim recorded before the Trial court was referred and it was submitted that victim has supported her version in her statement and clearly stated that while she was going to Ayodhya by bus, she was given water by a co-passenger and thereafter she has become unconscious and later a boy and girl took her to the house of applicant and there she was physically exploited by co-accused Amit, Shubham, Sagar and Alok. The first bail application of applicant was rejected on merits and that no new ground is made out to entertain this second bail application of the applicant.

7. Considering the submissions of learned counsel for the parties and all attending facts, including the statement of victim recorded before the Trial court, stage of trial and the fact that applicant is a lady and she is in jail since 24.07.2023, without expressing any opinion on merits, a case for bail is made out. Hence, the second bail application is hereby allowed.

8. Let the applicant - Gyanmati involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned subject to the following conditions :- (i) The applicant shall not tamper with the evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant shall not try to contact, threat or otherwise influence the informant or any of the witness of the case.

9. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. Order Date :- 26.5.2025 S Rawat SHOBHIT RAWAT High Court of Judicature at Allahabad

enlarge the applicant on bail. The first bail application of applicant was rejected by this Court vide order dated

27.04.2024, passed in Criminal Misc. Bail Application No. 45377 of 2023.

3. According to prosecution version, on 24.06.2023 the daughter of informant was going to Ayodhya by bus but in the way she has gone missing. Informant tried to search but in vain. On 03.07.2023 informant was informed by the police of Police Station - Kotwali, Basti that one girl has been recovered from Bairihawa Mohalla Basti in semi-conscious condition and she has been referred to Children Welfare Committee, Basti. On

05.07.2023 informant met his daughter and her medical examination was conducted. When informant's daughter (victim) became normal, she told that on 24.06.2023 while she was going to Ayodhya, she has asked for water from a passenger and after drinking the same, she became unconscious and he get her deboarded from the bus. Victim has further alleged that when she gained consciousness, she found herself locked in the house of applicant Smt. Gyanmati. It was further alleged that in connivance of applicant, co-accused Khushabu, Kajal, Alok, Sagar, Amit, Shivam and some unknown persons have committed rape upon her and she was mentally and physically harassed. When condition of victim deteriorated, applicant has thrown her out from her home and later on she was recovered by the police.

4. Learned counsel for the applicant submitted that applicant is innocent and she has been falsely implicated in this case. In medical examination report of victim, no injury has been shown on her person. There are material contradictions in the version of victim and that in her statement under Section - 164 Cr.P.C. she has developed an entirely new story. In her statement under Section - 164 Cr.P.C. victim has inter-alia stated that while she was going to Ayodhya by bus and in the way all the passengers have deboarded the bus and thereafter conductor and driver of bus have committed rape upon her and that she has become unconscious. She has further alleged that when she gained consciousness, co-accused Kajal, Amit and Alok forcibly took her to room of Kajal and there co-accused Amit, Shivam and Alok have committed rape upon her and later she was left at the house of applicant-accused. Learned counsel has referred statement of victim recorded under Section - 161 and 164 Cr.P.C. and submitted that allegations made by victim against applicant are wholly false. The allegation that victim was kept confined at the house of applicant, is wholly unreliable.

5. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 27.04.2024 and after that statement of P.W.-1 Ram Sagar Verma and victim (P.W.-2) have been recorded before the Trial court. Statement of victim recorded before the Trial court was referred and it was submitted that her statement is quite contradictory with her statement recorded under Section - 164 Cr.P.C. As per school transfer certificate, the age of victim is about 18 years. As per age certificate issued by the Chief Medical Officer, Basti, her age has been shown about 16 years and thus by giving a margin of two years on the upper side she has to be treated as a major girl. The allegation that applicant was indulging in prostitution is wholly false and in fact she is running a cosmetic shop. As statement of victim has already been recorded before the Trial court thus, there is no possibility of tampering with the evidence. It was stated that applicant is a lady and she is in languishing in jail since 24.07.2023, having no criminal history, and that trial of the case is likely to take sufficient long time in its conclusion. Lastly, it was submitted that in case applicant is enlarged on bail, she will not misuse the liberty of bail.

6. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that victim is a minor girl aged about about 16 years and that in her statement recorded under Section - 164 Cr.P.C., she has stated that she was kept confined for several days at the house of applicant and there she was subjected to rape. Statement of victim recorded before the Trial court was referred and it was submitted that victim has supported her version in her statement and clearly stated that while she was going to Ayodhya by bus, she was given water by a co-passenger and thereafter she has become unconscious and later a boy and girl took her to the house of applicant and there she was physically exploited by co-accused Amit, Shubham, Sagar and Alok. The first bail application of applicant was rejected on merits and that no new ground is made out to entertain this second bail application of the applicant.

7. Considering the submissions of learned counsel for the parties and all attending facts, including the statement of victim recorded before the Trial court, stage of trial and the fact that applicant is a lady and she is in jail since 24.07.2023, without expressing any opinion on merits, a case for bail is made out. Hence, the second bail application is hereby allowed.

8. Let the applicant - Gyanmati involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned subject to the following conditions :- (i) The applicant shall not tamper with the evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant shall not try to contact, threat or otherwise influence the informant or any of the witness of the case.

9. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. Order Date :- 26.5.2025 S Rawat SHOBHIT RAWAT High Court of Judicature at Allahabad