High Court · 2025

1. Heard Shri Manoj Kumar Singh, learned counsel for the applicant, Shri Ashok Kumar Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 11.12.2024, in Case Crime No.0263/2024, under Sections 87, 142 of B.N.S., 2023, Police Station - Baundi, District - Bahraich.

3. Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Attention of the Court has been drawn towards the impugned F.I.R. wherein the date of incident has been indicated as 02.09.2024 but the F.I.R. has been lodged on 04.09.2024. The impugned F.I.R. has been lodged against 03 named and 02 unknown persons. Pursuant to the aforesaid F.I.R., prosecutrix was recovered on 10.09.2024 and her statement under Section 180 of B.N.S.S., 2023 was recorded on same date, i.e. on 10.09.2024. In her aforesaid statement, she has not leveled any allegation of rape against present applicant, rather she has stated that she was willing to go with the main accused Nadeem @ Sugau, therefore, on 01.09.2024 she called the main accused to come to a particular place where she was waiting him. In such statement, she has categorically stated that the main accused tried to convince her that she should go back to her home otherwise her parents would feel themselves offended, but the prosecutrix insisted the main accused and went with him from Fakharpur, Bahraich to Lucknow through bus. She has stated that she and Nadeem, the main accused, lived for 10 days as husband and wife. She has stated that she has recorded the aforesaid statement by her free will as there is no coercion on her to record that statement. The applicant is the friend of main accused Nadeem @ Sugau, who has already been granted bail vide order dated 12.11.2024 vide Criminal Misc. Bail Application No. 11725 of 2024.

5. Further, attention has been drawn towards the statement of the prosecutrix recorded under Section 183 of B.N.S.S., 2023 on 12.09.2024, when she was under the custody of her parents w.e.f. 10.09.2024, wherein she has leveled allegation of rape against the Nadeem @ Sugau, the main accused. On being asked from her as to whether she raised any alarm when the main accused was taking her to Lucknow by bus or she demanded any help from the driver or other person, she categorically stated that she did not raise any alarm, nor requested for any help from any one. In such statement she has stated that the main accused and she are known to each other for the last four years but they have not married. Medical examination report does not corroborate the allegation of the prosecutrix. Learned counsel has further submitted that even if the allegations of the prosecutrix are taken on its face value, the physical relation of both are consensual in nature and the prosecutrix is a major girl, aged about 19 years. Learned counsel for the applicant has further submitted that there is no criminal history of the applicant, which has been explained in the supplementary affidavit enclosing the bail order.

6. Learned counsel for the applicant has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings.

7. Per contra, learned Additional Government Advocate has opposed the prayer for bail by submitting that the investigation is going on and if the present applicant comes from jail, he may influence the prosecutrix and other witnesses, therefore, this bail application may be rejected.

8. Having heard learned counsel for the parties and having perused the material available on record, without entering into the merits of the issue and considering the fact that the applicant is friend of the main accused, since the prosecutrix recorded her statement under Section 180 of B.N.S.S., 2023 after her recovery and has leveled no allegation against the present applicant but improved her statement when she was under the custody of her parents while recording her statement under Statement 183 of B.N.S.S., 2023, and the fact that the prosecutrix is a major girl of 19 years, has not raised any alarm when she was going to Lucknow by bus with the main accused, main accused Nadeem @ Sugau has already been granted bail by this Court vide order dated 12.11.2024 vide Criminal Misc. Bail Application No. 11725 of 2024 and also considering the undertaking of the applicant that he shall co-operate in the investigation and shall not misuse the liberty of the bail, I find it a fit case for bail. Accordingly, the bail application is allowed.

9. Let the applicant Shan Mohammad @ Hagnu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions :- (i) The applicant, immediately after release from jail, shall appear before the Investigating Officer within 48 hours and shall co-operate in the investigation and shall provide all evidence/material which are within his possession and shall co-operate in the investigation till completion of investigation and filing of the police report. (ii) If the charge sheet is filed, he shall cooperate in the trial proceedings. (iii) Applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of the B.N.S., 2023. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 is issued and the 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 208 of the B.N.S., 2023. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of 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. (vii) If the aforesaid conditions are flouted at any point of time, any appropriate application for cancellation of bail may be filed. . [Rajesh Singh Chauhan, J.] Order Date :- 23.1.2025 Om OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Shri Manoj Kumar Singh, learned counsel for the applicant, Shri Ashok Kumar Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 11.12.2024, in Case Crime No.0263/2024, under Sections 87, 142 of B.N.S., 2023, Police Station - Baundi, District - Bahraich.

3. Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Attention of the Court has been drawn towards the impugned F.I.R. wherein the date of incident has been indicated as 02.09.2024 but the F.I.R. has been lodged on 04.09.2024. The impugned F.I.R. has been lodged against 03 named and 02 unknown persons. Pursuant to the aforesaid F.I.R., prosecutrix was recovered on 10.09.2024 and her statement under Section 180 of B.N.S.S., 2023 was recorded on same date, i.e. on 10.09.2024. In her aforesaid statement, she has not leveled any allegation of rape against present applicant, rather she has stated that she was willing to go with the main accused Nadeem @ Sugau, therefore, on 01.09.2024 she called the main accused to come to a particular place where she was waiting him. In such statement, she has categorically stated that the main accused tried to convince her that she should go back to her home otherwise her parents would feel themselves offended, but the prosecutrix insisted the main accused and went with him from Fakharpur, Bahraich to Lucknow through bus. She has stated that she and Nadeem, the main accused, lived for 10 days as husband and wife. She has stated that she has recorded the aforesaid statement by her free will as there is no coercion on her to record that statement. The applicant is the friend of main accused Nadeem @ Sugau, who has already been granted bail vide order dated 12.11.2024 vide Criminal Misc. Bail Application No. 11725 of 2024.

5. Further, attention has been drawn towards the statement of the prosecutrix recorded under Section 183 of B.N.S.S., 2023 on 12.09.2024, when she was under the custody of her parents w.e.f. 10.09.2024, wherein she has leveled allegation of rape against the Nadeem @ Sugau, the main accused. On being asked from her as to whether she raised any alarm when the main accused was taking her to Lucknow by bus or she demanded any help from the driver or other person, she categorically stated that she did not raise any alarm, nor requested for any help from any one. In such statement she has stated that the main accused and she are known to each other for the last four years but they have not married. Medical examination report does not corroborate the allegation of the prosecutrix. Learned counsel has further submitted that even if the allegations of the prosecutrix are taken on its face value, the physical relation of both are consensual in nature and the prosecutrix is a major girl, aged about 19 years. Learned counsel for the applicant has further submitted that there is no criminal history of the applicant, which has been explained in the supplementary affidavit enclosing the bail order.

6. Learned counsel for the applicant has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings.

7. Per contra, learned Additional Government Advocate has opposed the prayer for bail by submitting that the investigation is going on and if the present applicant comes from jail, he may influence the prosecutrix and other witnesses, therefore, this bail application may be rejected.

8. Having heard learned counsel for the parties and having perused the material available on record, without entering into the merits of the issue and considering the fact that the applicant is friend of the main accused, since the prosecutrix recorded her statement under Section 180 of B.N.S.S., 2023 after her recovery and has leveled no allegation against the present applicant but improved her statement when she was under the custody of her parents while recording her statement under Statement 183 of B.N.S.S., 2023, and the fact that the prosecutrix is a major girl of 19 years, has not raised any alarm when she was going to Lucknow by bus with the main accused, main accused Nadeem @ Sugau has already been granted bail by this Court vide order dated 12.11.2024 vide Criminal Misc. Bail Application No. 11725 of 2024 and also considering the undertaking of the applicant that he shall co-operate in the investigation and shall not misuse the liberty of the bail, I find it a fit case for bail. Accordingly, the bail application is allowed.

9. Let the applicant Shan Mohammad @ Hagnu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions :- (i) The applicant, immediately after release from jail, shall appear before the Investigating Officer within 48 hours and shall co-operate in the investigation and shall provide all evidence/material which are within his possession and shall co-operate in the investigation till completion of investigation and filing of the police report. (ii) If the charge sheet is filed, he shall cooperate in the trial proceedings. (iii) Applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of the B.N.S., 2023. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 is issued and the 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 208 of the B.N.S., 2023. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of 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. (vii) If the aforesaid conditions are flouted at any point of time, any appropriate application for cancellation of bail may be filed. . [Rajesh Singh Chauhan, J.] Order Date :- 23.1.2025 Om OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench