High Court · 2025

1. Heard Sri Shailendra Kumar Tiwari, learned counsel for the applicant and Sri Nikhil Singh, learned AGA for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 21.04.2025 in Case Crime No.0410 of 2024, under Sections 123, 70(1), 115(2) of B.N.S., Police Station – Chinhat, District – Lucknow.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the date of incident has been indicated as 28.08.2024, however, the FIR has been lodged on 01.09.2024 without explaining the delay of about four days. Further attention has been drawn towards the impugned FIR wherein general allegation of rape has been attributed to all three accused persons including the present applicant. In her statements recorded under Sections 180 & 183 of B.N.S.S., the prosecutrix has levelled allegation of rape against all three accused persons though in both the aforesaid statements, she has admitted that she was in good relations with co-accused Vipin Singh for couple of years. She was traveling with said co-accused and she was absolutely unaware about co- accused Vinam Singh and the present applicant Himanshu Kumar.

4. As per prosecution story, the prosecutrix was interested in acting and modeling for which she was willing to prepare her musical video, for that co-accused Vipin Singh told the prosecutrix that he will provide all possible support to her. He had informed the prosecutrix that he is known to some persons/ Director, who prepares such album. On such promise, co- accused Vipin Singh took her to a hotel and in the way, main accused Vipin Singh permitted co-accused Vinam Singh and present accused-applicant Himanshu Kumar to sit in that car with the consent of the prosecutrix. As per prosecutrix, the main co-accused Vipin Singh has committed rape with her in the car and at one abandoned place, he compelled her to take liquor. He was under intoxication and under intoxication condition, the main accused Vipin Singh and his friend Vinam Singh committed rape with her. She has stated that the main accused Vipin Singh had taken her to one hotel where the offence of rape has been committed by all accused persons.

5. Learned counsel for the applicant has drawn attention of this Court towards Annexure No.5 of the bail application, which is statement of the hotel receptionist, namely, Anil Kumar, who has stated that on 28/29.08.2024, he was discharging his job of receptionist in the hotel and about 04:25 O'clock one person came from Bolero Camper and asked about the room in the hotel and he was allotted Room No.205, for that advance amount of Rs.1,200/- was paid to him. In such room, he entered alongwith one girl, who had sustained some injury on her face and it was bleeding. Such bleeding and stains were visible on the Kurta of the boy. They were under intoxication. Names of both the persons were Vipin Singh and 'X' (name of the prosecutrix would not be disclosed, however, her name has been indicated in the statement). Further attention has been drawn towards Annexure No.6 of the bail application, which is a CCTV footage of the hotel, which shows that in Room No.205, co-accused Vipin Singh alongwith the prosecutrix had entered, however, one more person Vinam Singh, co-accused, was also present with Vipin Singh.

6. Learned counsel for the applicant has stated that as a matter of fact, story is peculiar where Vipin Singh had called co- accused Vinam Singh when his Scorpio Car bearing UP 32 LT 2801 met with an accident in which he was going somewhere with one girl friend and asked lift from Vinam Singh. On the request of Vipin Singh, Vinam Singh reached at the spot from Bolero Car, which was being driven by his Driver, the present applicant- Himanshu Kumar. Photograph of the said Scorpio Car in an accidental condition has enclosed as Annexure No.7 with the bail application. Therefore, learned counsel for the applicant has stated that the present applicant is a Driver of co- accused Vinam Singh whose actual name is Satyendra Singh alias Vinam Singh and he has not committed any offence as alleged except providing some help to the main accused Vipin Singh. The present applicant and his master Satyendra Singh alias Vinam Singh had not committed any offence. Further attention has been drawn towards Annexure No.8 of the bail application, which a bail order dated 23.01.2025 granted by this Court in favour of Satyendra Singh alias Vinam Singh in Criminal Misc. Bail Application No.11520 of 2024. Learned counsel has fairly submitted that though while granting bail to co-accused Satyendra Singh alias Vinam Singh, there was one sympathetic consideration i.e. father of Satyendra Singh alias Vinam Singh was suffering from heart ailment and he was admitted in Medanta Hospital at that point of time and there was no one in the family to look after him. Besides, co-accused Satyendra Singh alias Vinam Singh is having no criminal history. Learned counsel for the applicant has submitted that the present applicant is also the only son of his father and his father is having old aged ailments. He has further submitted that the present applicant is also having no prior criminal history of any kind whatsoever. Therefore, the present applicant may be enlarged on bail on the basis of principles of parity. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings.

7. Sri Nikhil Singh, learned A.G.A. has vehemently opposed the bail application by submitting that the present applicant is a native of Bihar and if he is released on bail, he may likely abscond and may likely avoid the trial proceedings. Sri Singh has further submitted that immediately after lodging the FIR, the present accused-applicant was avoiding the investigation and he surrendered before the learned Trial Court after the non- bailable warrant having been issued against him. Sri Nikhil Singh has also stated that bare perusal of the prosecution story reveals that all the three accused persons have committed gang rape. As to whether the present applicant or his master Satyendra Singh alias Vinam Singh was not involved in the offence in question would be ascertained during course of the trial. The present applicant is not only the Driver of co-accused Satyendra Singh alias Vinam Singh but he is a foreman of the site of his master Satyendra Singh alias Vinam Singh, who is running his construction business.

8. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; statements of the prosecutrix recorded under Sections 180 & 183 of B.N.S.S.; prima facie, it appears that the main accused is Vipin Singh, who called the prosecution and stayed in the hotel with the prosecutrix; present applicant is Driver of co-accused Satyendra Singh alias Vinam Singh, who has been enlarged on bail; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let applicant- Himanshu Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of Rupees one lakh each and out of two sureties, one should be local surety to the satisfaction of the court concerned with the following conditions:- (i) The 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. (ii) 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. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the 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. (iv) 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 the 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 8.7.2025 RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Shailendra Kumar Tiwari, learned counsel for the applicant and Sri Nikhil Singh, learned AGA for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 21.04.2025 in Case Crime No.0410 of 2024, under Sections 123, 70(1), 115(2) of B.N.S., Police Station – Chinhat, District – Lucknow.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the date of incident has been indicated as 28.08.2024, however, the FIR has been lodged on 01.09.2024 without explaining the delay of about four days. Further attention has been drawn towards the impugned FIR wherein general allegation of rape has been attributed to all three accused persons including the present applicant. In her statements recorded under Sections 180 & 183 of B.N.S.S., the prosecutrix has levelled allegation of rape against all three accused persons though in both the aforesaid statements, she has admitted that she was in good relations with co-accused Vipin Singh for couple of years. She was traveling with said co-accused and she was absolutely unaware about co- accused Vinam Singh and the present applicant Himanshu Kumar.

4. As per prosecution story, the prosecutrix was interested in acting and modeling for which she was willing to prepare her musical video, for that co-accused Vipin Singh told the prosecutrix that he will provide all possible support to her. He had informed the prosecutrix that he is known to some persons/ Director, who prepares such album. On such promise, co- accused Vipin Singh took her to a hotel and in the way, main accused Vipin Singh permitted co-accused Vinam Singh and present accused-applicant Himanshu Kumar to sit in that car with the consent of the prosecutrix. As per prosecutrix, the main co-accused Vipin Singh has committed rape with her in the car and at one abandoned place, he compelled her to take liquor. He was under intoxication and under intoxication condition, the main accused Vipin Singh and his friend Vinam Singh committed rape with her. She has stated that the main accused Vipin Singh had taken her to one hotel where the offence of rape has been committed by all accused persons.

5. Learned counsel for the applicant has drawn attention of this Court towards Annexure No.5 of the bail application, which is statement of the hotel receptionist, namely, Anil Kumar, who has stated that on 28/29.08.2024, he was discharging his job of receptionist in the hotel and about 04:25 O'clock one person came from Bolero Camper and asked about the room in the hotel and he was allotted Room No.205, for that advance amount of Rs.1,200/- was paid to him. In such room, he entered alongwith one girl, who had sustained some injury on her face and it was bleeding. Such bleeding and stains were visible on the Kurta of the boy. They were under intoxication. Names of both the persons were Vipin Singh and 'X' (name of the prosecutrix would not be disclosed, however, her name has been indicated in the statement). Further attention has been drawn towards Annexure No.6 of the bail application, which is a CCTV footage of the hotel, which shows that in Room No.205, co-accused Vipin Singh alongwith the prosecutrix had entered, however, one more person Vinam Singh, co-accused, was also present with Vipin Singh.

6. Learned counsel for the applicant has stated that as a matter of fact, story is peculiar where Vipin Singh had called co- accused Vinam Singh when his Scorpio Car bearing UP 32 LT 2801 met with an accident in which he was going somewhere with one girl friend and asked lift from Vinam Singh. On the request of Vipin Singh, Vinam Singh reached at the spot from Bolero Car, which was being driven by his Driver, the present applicant- Himanshu Kumar. Photograph of the said Scorpio Car in an accidental condition has enclosed as Annexure No.7 with the bail application. Therefore, learned counsel for the applicant has stated that the present applicant is a Driver of co- accused Vinam Singh whose actual name is Satyendra Singh alias Vinam Singh and he has not committed any offence as alleged except providing some help to the main accused Vipin Singh. The present applicant and his master Satyendra Singh alias Vinam Singh had not committed any offence. Further attention has been drawn towards Annexure No.8 of the bail application, which a bail order dated 23.01.2025 granted by this Court in favour of Satyendra Singh alias Vinam Singh in Criminal Misc. Bail Application No.11520 of 2024. Learned counsel has fairly submitted that though while granting bail to co-accused Satyendra Singh alias Vinam Singh, there was one sympathetic consideration i.e. father of Satyendra Singh alias Vinam Singh was suffering from heart ailment and he was admitted in Medanta Hospital at that point of time and there was no one in the family to look after him. Besides, co-accused Satyendra Singh alias Vinam Singh is having no criminal history. Learned counsel for the applicant has submitted that the present applicant is also the only son of his father and his father is having old aged ailments. He has further submitted that the present applicant is also having no prior criminal history of any kind whatsoever. Therefore, the present applicant may be enlarged on bail on the basis of principles of parity. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings.

7. Sri Nikhil Singh, learned A.G.A. has vehemently opposed the bail application by submitting that the present applicant is a native of Bihar and if he is released on bail, he may likely abscond and may likely avoid the trial proceedings. Sri Singh has further submitted that immediately after lodging the FIR, the present accused-applicant was avoiding the investigation and he surrendered before the learned Trial Court after the non- bailable warrant having been issued against him. Sri Nikhil Singh has also stated that bare perusal of the prosecution story reveals that all the three accused persons have committed gang rape. As to whether the present applicant or his master Satyendra Singh alias Vinam Singh was not involved in the offence in question would be ascertained during course of the trial. The present applicant is not only the Driver of co-accused Satyendra Singh alias Vinam Singh but he is a foreman of the site of his master Satyendra Singh alias Vinam Singh, who is running his construction business.

8. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; statements of the prosecutrix recorded under Sections 180 & 183 of B.N.S.S.; prima facie, it appears that the main accused is Vipin Singh, who called the prosecution and stayed in the hotel with the prosecutrix; present applicant is Driver of co-accused Satyendra Singh alias Vinam Singh, who has been enlarged on bail; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let applicant- Himanshu Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of Rupees one lakh each and out of two sureties, one should be local surety to the satisfaction of the court concerned with the following conditions:- (i) The 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. (ii) 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. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the 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. (iv) 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 the 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 8.7.2025 RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench