High Court · 2025

1. Vakalatnama filed by Shri Ishan Garg, Advocate on behalf of complainant is taken on record.

2. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State of U.P. and perused the record.

3. The present bail application has been filed on behalf of the applicant in Case Crime No.420 of 2024 under Sections 363, 366, 376D, 342, 506, 452 of IPC, Sections 3(2)(V), 3(2)(VA) of SC/ST Act and Section 5G/6 of POCSO Act, Police Station Sandila District Hardoi, with the prayer to enlarge him on bail.

4. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 16.01.2025. He further submitted that admittedly, the victim is aged about 17 years and she was in friendship with the applicant. He further submitted that on 21.12.2024, FIR of case in question was lodged with the incorrect facts and just after a day of lodging of FIR, statement of victim was recorded under Section 180 BNSS, in which, she categorically stated that she was scolded by her parents, thereafter, due to annoyance, she left her house and went to the house of applicant as she was known to him since last eight months and they were in frequent conversation. He further submitted that when this fact came to the notice of the complainant that the victim had gone to the police station then the complainant also reached at the police station and requested to the victim to return to her house and she was allowed to return to her house along with her parents. During the aforesaid event, specific question was also asked by the Investigating Officer to the victim, as to whether, any wrong was done to her by the applicant, on which, she answered that one day when her parents were not at home, the applicant came and committed wrong with her.

5. Learned counsel for the applicant submitted that no date or time of the alleged crime was mentioned by the victim in her statement. He further submitted that after a period of two weeks, statement of victim was recorded under Section 183 BNSS. This time, she charged her version and developed a case of rape against the applicant. He further submitted that medico- legal examination of victim was also conducted under the influence of her family members but she has not stated about any injury in her statement recorded under Section 180 BNSS. He further submitted that the Investigating Officer failed to consider all these facts and submitted charge-sheet in the most mechanical manner. He further submitted that applicant is having no criminal antecedent and he is ready to cooperate in the trial. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

6. Learned A.G.A. as well as learned counsel for the complainant has opposed the prayer of the applicant for grant of bail and submitted that after collecting sufficient evidences, charge-sheet has been filed by the applicant but they do not dispute this fact that there are contradictions in between the statements of victim recorded under Sections 180 and 183 BNSS.

7. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., statement of victim recorded under Sections 180 and 183 BNSS other relevant documents as well as totality of fact and circumstances, it is undisputed fact that there are many contradictions in between the statements of victim recorded under Sections 180 and 183 BNSS. It is also evident that in her statement recorded under Section 180 BNSS, she has herself stated that she has left her house on her own will and in her statement recorded under Section 183 BNSS, she developed a case of rape against the applicant. Therefore, I am of the view that the applicant is entitled to be released on bail.

8. Let applicant - Raj Gupta - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (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 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 229-A IPC. (v) 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 IPC. (vi) 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 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.

9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.6.2025 V. Sinha VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

1. Vakalatnama filed by Shri Ishan Garg, Advocate on behalf of complainant is taken on record.

2. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State of U.P. and perused the record.

3. The present bail application has been filed on behalf of the applicant in Case Crime No.420 of 2024 under Sections 363, 366, 376D, 342, 506, 452 of IPC, Sections 3(2)(V), 3(2)(VA) of SC/ST Act and Section 5G/6 of POCSO Act, Police Station Sandila District Hardoi, with the prayer to enlarge him on bail.

4. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 16.01.2025. He further submitted that admittedly, the victim is aged about 17 years and she was in friendship with the applicant. He further submitted that on 21.12.2024, FIR of case in question was lodged with the incorrect facts and just after a day of lodging of FIR, statement of victim was recorded under Section 180 BNSS, in which, she categorically stated that she was scolded by her parents, thereafter, due to annoyance, she left her house and went to the house of applicant as she was known to him since last eight months and they were in frequent conversation. He further submitted that when this fact came to the notice of the complainant that the victim had gone to the police station then the complainant also reached at the police station and requested to the victim to return to her house and she was allowed to return to her house along with her parents. During the aforesaid event, specific question was also asked by the Investigating Officer to the victim, as to whether, any wrong was done to her by the applicant, on which, she answered that one day when her parents were not at home, the applicant came and committed wrong with her.

5. Learned counsel for the applicant submitted that no date or time of the alleged crime was mentioned by the victim in her statement. He further submitted that after a period of two weeks, statement of victim was recorded under Section 183 BNSS. This time, she charged her version and developed a case of rape against the applicant. He further submitted that medico- legal examination of victim was also conducted under the influence of her family members but she has not stated about any injury in her statement recorded under Section 180 BNSS. He further submitted that the Investigating Officer failed to consider all these facts and submitted charge-sheet in the most mechanical manner. He further submitted that applicant is having no criminal antecedent and he is ready to cooperate in the trial. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

6. Learned A.G.A. as well as learned counsel for the complainant has opposed the prayer of the applicant for grant of bail and submitted that after collecting sufficient evidences, charge-sheet has been filed by the applicant but they do not dispute this fact that there are contradictions in between the statements of victim recorded under Sections 180 and 183 BNSS.

7. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., statement of victim recorded under Sections 180 and 183 BNSS other relevant documents as well as totality of fact and circumstances, it is undisputed fact that there are many contradictions in between the statements of victim recorded under Sections 180 and 183 BNSS. It is also evident that in her statement recorded under Section 180 BNSS, she has herself stated that she has left her house on her own will and in her statement recorded under Section 183 BNSS, she developed a case of rape against the applicant. Therefore, I am of the view that the applicant is entitled to be released on bail.

8. Let applicant - Raj Gupta - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (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 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 229-A IPC. (v) 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 IPC. (vi) 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 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.

9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.6.2025 V. Sinha VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench