State of U.P v. Party

2. Learned counsel for the applicant submits that the F.I.R. was lodged by the victim herself against seven unknown persons with the allegation that in the midnight of the date of occurrence when she stopped along with her boyfriend in the way six-seven unknown persons reached there and on the gunpoint they took her on a motorcycle and four persons committed her rape, one by one. They also took her belongings as well as of her boyfriend. Learned counsel further submits that in her statements recorded under Section 161 & 164 Cr.P.C. the victim has reiterated her version made in the F.I.R. Learned counsel further submits that after four days of the alleged incident three accused including the applicant were apprehended by the police in a police encounter, and out of those three arrested accused one accused namely Ramdeen in his confessional statement has stated that on the date of incident they took a woman forcibly at the alleged place and all the seven persons committed her rape forcibly one by one and the applicant had also made video of that incident. When the recovery memo was prepared by the police when these three accused were arrested it has been mentioned that such video was found in the mobile of applicant, but there is no such video on record. Learned counsel further submits that there is no eye witness of the alleged incident as neither the victim nor her boyfriend could identify the accused at the time of incident and after their arrest no identification parade has been conducted by the police for recognizing of the accused by the victim or her boyfriend. There is no recovery from the applicant and if any recovery is made the same has been implanted upon him. Learned counsel further submits that there is no supplementary report on the record regarding medical examination of the victim to support the evidence of rape committed upon the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to 2 BAIL No. 47220 of 2024 the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 28.06.2024, having no criminal history.

3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

5. Let applicant-Ram Gulam, involved in Case Crime No. 92 of 2024, under Sections 376D, 395, 412 I.P.C., Police Station Jogiya Udaypur, District Siddharth Nagar, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. If in the opinion of the 3 BAIL No. 47220 of 2024 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 229-A IPC.

6. 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 in accordance with law.

7. The bail application is allowed. October 7, 2025 Mustaqeem. (Dr. Gautam Chowdhary,J.) MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

2. Learned counsel for the applicant submits that the F.I.R. was lodged by the victim herself against seven unknown persons with the allegation that in the midnight of the date of occurrence when she stopped along with her boyfriend in the way six-seven unknown persons reached there and on the gunpoint they took her on a motorcycle and four persons committed her rape, one by one. They also took her belongings as well as of her boyfriend. Learned counsel further submits that in her statements recorded under Section 161 & 164 Cr.P.C. the victim has reiterated her version made in the F.I.R. Learned counsel further submits that after four days of the alleged incident three accused including the applicant were apprehended by the police in a police encounter, and out of those three arrested accused one accused namely Ramdeen in his confessional statement has stated that on the date of incident they took a woman forcibly at the alleged place and all the seven persons committed her rape forcibly one by one and the applicant had also made video of that incident. When the recovery memo was prepared by the police when these three accused were arrested it has been mentioned that such video was found in the mobile of applicant, but there is no such video on record. Learned counsel further submits that there is no eye witness of the alleged incident as neither the victim nor her boyfriend could identify the accused at the time of incident and after their arrest no identification parade has been conducted by the police for recognizing of the accused by the victim or her boyfriend. There is no recovery from the applicant and if any recovery is made the same has been implanted upon him. Learned counsel further submits that there is no supplementary report on the record regarding medical examination of the victim to support the evidence of rape committed upon the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to 2 BAIL No. 47220 of 2024 the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 28.06.2024, having no criminal history.

3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

5. Let applicant-Ram Gulam, involved in Case Crime No. 92 of 2024, under Sections 376D, 395, 412 I.P.C., Police Station Jogiya Udaypur, District Siddharth Nagar, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. If in the opinion of the 3 BAIL No. 47220 of 2024 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 229-A IPC.

6. 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 in accordance with law.

7. The bail application is allowed. October 7, 2025 Mustaqeem. (Dr. Gautam Chowdhary,J.) MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad