High Court · 2025

1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Alok Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant (Kamlesh) is languishing in jail since 18.06.2025 in Case Crime No.0124 of 2025, under Sections 64(1),351(3) & 352 of B.N.S., 2023, Police Station- Ranipur, District- Bahraich. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. Attention has been drawn towards the impugned FIR, wherein the allegation of rape has been levelled against the present applicant. While recording the statements under Sections 180 & 183 B.N.S.S., the prosecutrix has stated that the present applicant has committed rape with her.

4. Sri Manoj Kumar Singh, learned counsel for the applicant has drawn attention of this Court towards the medical report wherein there is no mark of injury showing forcefully physical relation inasmuch as there is no injury on the body of the prosecutrix. As per medical report her hymen was old torn. Sri Singh has stated that the physical relation of the present applicant with the prosecutrix was consensual in nature but when such relation was being established, her brother-in-law (Jija) came on the spot and saw such incident therefore on his behest the impugned FIR has been lodged on the next day. The prosecutrix is a young girl of 18 to 19 years and the present applicant is aged about 24 years. Therefore, if the prosecutrix has resisted strongly the offence of rape could have not been executed by a single person and in such resistance she might have received some injuries. In absence of aforesaid things, Sri Singh has stated that the present case is not a case of rape but consensual in nature.

5. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Investigation is going on. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

6. Learned Additional Government Advocate has opposed the aforesaid bail prayer by submitting that allegation against the applicant is very serious and chargesheet has been filed but he did not dispute the aforesaid fact.

7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the physical relation of the present applicant with the prosecutrix was consensual, when such relation was being established, her brother-in-law (Jija) came on the spot and saw such incident therefore on his behest the impugned FIR has been lodged on the next day, the prosecutrix is a young girl of 18 to 19 years and the present applicant is aged about 24 years, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

8. Accordingly, the instant bail application is allowed.

9. Let the applicant (Kamlesh) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 229-A IPC/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 82 Cr.P.C./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 174-A IPC/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 313 Cr.P.C./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. The present applicants shall not leave the country without prior permission of the Court. The present applicant is directed to appear before the Investigating Officer concerned within 48 hours from release of the jail to cooperate in the investigation and he shall further cooperate in the investigation till filing of the police report, failing which, this bail order may be cancelled on the application filed on behalf of the prosecutrix or State. Order Date :- 24.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Alok Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant (Kamlesh) is languishing in jail since 18.06.2025 in Case Crime No.0124 of 2025, under Sections 64(1),351(3) & 352 of B.N.S., 2023, Police Station- Ranipur, District- Bahraich. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. Attention has been drawn towards the impugned FIR, wherein the allegation of rape has been levelled against the present applicant. While recording the statements under Sections 180 & 183 B.N.S.S., the prosecutrix has stated that the present applicant has committed rape with her.

4. Sri Manoj Kumar Singh, learned counsel for the applicant has drawn attention of this Court towards the medical report wherein there is no mark of injury showing forcefully physical relation inasmuch as there is no injury on the body of the prosecutrix. As per medical report her hymen was old torn. Sri Singh has stated that the physical relation of the present applicant with the prosecutrix was consensual in nature but when such relation was being established, her brother-in-law (Jija) came on the spot and saw such incident therefore on his behest the impugned FIR has been lodged on the next day. The prosecutrix is a young girl of 18 to 19 years and the present applicant is aged about 24 years. Therefore, if the prosecutrix has resisted strongly the offence of rape could have not been executed by a single person and in such resistance she might have received some injuries. In absence of aforesaid things, Sri Singh has stated that the present case is not a case of rape but consensual in nature.

5. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Investigation is going on. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

6. Learned Additional Government Advocate has opposed the aforesaid bail prayer by submitting that allegation against the applicant is very serious and chargesheet has been filed but he did not dispute the aforesaid fact.

7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the physical relation of the present applicant with the prosecutrix was consensual, when such relation was being established, her brother-in-law (Jija) came on the spot and saw such incident therefore on his behest the impugned FIR has been lodged on the next day, the prosecutrix is a young girl of 18 to 19 years and the present applicant is aged about 24 years, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

8. Accordingly, the instant bail application is allowed.

9. Let the applicant (Kamlesh) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 229-A IPC/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 82 Cr.P.C./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 174-A IPC/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 313 Cr.P.C./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. The present applicants shall not leave the country without prior permission of the Court. The present applicant is directed to appear before the Investigating Officer concerned within 48 hours from release of the jail to cooperate in the investigation and he shall further cooperate in the investigation till filing of the police report, failing which, this bail order may be cancelled on the application filed on behalf of the prosecutrix or State. Order Date :- 24.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench