High Court · 2025

The allegation in the first information report, which is lodged by the mother of the alleged victim is that the applicant entered into the lavatory and has outraged the modesty of her daughter and she escaped herself and went out of the same and has narrated the story to her mother. It is also alleged that once the complainant started telling the story to the other neighbours, the mother of the victim came to the house of the complainant and started hurling abuses and scufÒed with the victim, wherein the victim has received the injury of nail over her body. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that no such incident has ever taken place and due to animosity, the first information report has been lodged. He next added that in the first information report, there is no allegation of committing rape, whereas the victim has alleged with respect to rape committed upon her, after thought and subsequently, she stated in afÏdavit dated 02-06-2025 that the mother of the alleged victim had lodged the first information report on the instance of the village persons. He also submits that the victim was referred for medical examination at CHC, Mall and the doctor found no mark of injury on the body of the victim, whereas the victim had denied for her internal examination in her own handwriting. He further submits that the Investigating OfÏcer without collecting any cogent piece of evidence against the applicant, has filed the chargesheet. He added that since the chargesheet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses. He argued that the applicant has no previous criminal history and he is languishing in jail since 28-05-2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits the applicant is named in the first information report and there are serious allegations against him for committing rape upon a woman. He added that after thorough investigation, the Investigating OfÏcer came to the conclusion that the applicant is involved in committing offence and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the allegation of rape is not adverted in the version of the first information report and the victim, after some period of time, has added the allegation of rape in her statement recorded under section 180 of the B.N.S.S. Further there is no mark of injury found over the body of the alleged victim and the victim herself has denied for her internal examination and as such, this could not be ascertained medically that rape was committed upon her. This court has also noticed the fact that the applicant never absconded from the investigation proceedings and since the chargesheet has been filed, as such, there is no possibility that the applicant would flee away. The applicant has no previous criminal history as is stated in paragraph no. 14 of the bail application and he is languishing in jail since 28-05-2025 coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Aashish @ Amrish involved in the aforementioned crime be released on bail, 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing or otherwise during the the witnesses, investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 25.7.2025 AKS ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

The allegation in the first information report, which is lodged by the mother of the alleged victim is that the applicant entered into the lavatory and has outraged the modesty of her daughter and she escaped herself and went out of the same and has narrated the story to her mother. It is also alleged that once the complainant started telling the story to the other neighbours, the mother of the victim came to the house of the complainant and started hurling abuses and scufÒed with the victim, wherein the victim has received the injury of nail over her body. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that no such incident has ever taken place and due to animosity, the first information report has been lodged. He next added that in the first information report, there is no allegation of committing rape, whereas the victim has alleged with respect to rape committed upon her, after thought and subsequently, she stated in afÏdavit dated 02-06-2025 that the mother of the alleged victim had lodged the first information report on the instance of the village persons. He also submits that the victim was referred for medical examination at CHC, Mall and the doctor found no mark of injury on the body of the victim, whereas the victim had denied for her internal examination in her own handwriting. He further submits that the Investigating OfÏcer without collecting any cogent piece of evidence against the applicant, has filed the chargesheet. He added that since the chargesheet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses. He argued that the applicant has no previous criminal history and he is languishing in jail since 28-05-2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits the applicant is named in the first information report and there are serious allegations against him for committing rape upon a woman. He added that after thorough investigation, the Investigating OfÏcer came to the conclusion that the applicant is involved in committing offence and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the allegation of rape is not adverted in the version of the first information report and the victim, after some period of time, has added the allegation of rape in her statement recorded under section 180 of the B.N.S.S. Further there is no mark of injury found over the body of the alleged victim and the victim herself has denied for her internal examination and as such, this could not be ascertained medically that rape was committed upon her. This court has also noticed the fact that the applicant never absconded from the investigation proceedings and since the chargesheet has been filed, as such, there is no possibility that the applicant would flee away. The applicant has no previous criminal history as is stated in paragraph no. 14 of the bail application and he is languishing in jail since 28-05-2025 coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Aashish @ Amrish involved in the aforementioned crime be released on bail, 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing or otherwise during the the witnesses, investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 25.7.2025 AKS ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench