Neutral Citation No. - 2025:AHC:66258 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5975 of 2025 Applicant :- Shanu Alias Shahnawaj Opposite Party :- State of U.P. Counsel for Applicant :- Imran Ullah,Javed Raza,Sunil Vashisth Counsel for Opposite Party :- G.A.,Jitendra Kumar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Imran Ullah, Sri Sunil Vashisth and Sri Javed Raza, learned counsels for the applicant, Sri Jitendra Kumar, learned counsel for the first informant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of BNSS has been filed by the applicant-Shanu @ Shahnawaj, seeking enlargement on bail during trial in connection with Case Crime No.67 of 2023 (Case No.5864 of 2023), under Sections 323, 354, 307, 376 IPC, registered at Police Station Kotwali, District Ghaziabad. 4. The FIR of the matter was lodged on 3.2.2023 under Sections 323, 354, 307, 376, 120-B IPC by Smt. Gulshan against the applicant (devar), Salman, Shallu, Naushad and Naeem Qureshi (husband) alleging therein that the daughter of the informant is deaf and dumb since birth. Her nikah was performed on 5.2.2014 with Naeem Qureshi r/o Ghaziabad as per muslim rites and customs. After marriage her devar Shanu, Salman, Sallu and jeth Naushad were having an evil eye on her and often used to do immoral acts with her. On finding her daughter alone, their immoral acts had increased. Since her daughter was deaf and dumb, she did not make a complaint to the informant. The four accused persons somehow or the other wanted to establish physical relationship with her and their immoral acts increased day-by-day as a result of which on 2.2.2023 at about 3 p.m., Naeem Qureshi, the husband of her daughter, her devar and jeth etc. brought her in an Eco Car in a serious condition and threw her outside the house of the informant and proceeded back which was seen by the informant who was present at the roof of the house along with her sister Begum and daughter of her sister. All the said three persons saw the accused persons throwing her daughter in a critical condition and going back after which they rushed to her and picked her on which while crying through gesture her daughter told her that she was beaten mercilessly and was tried to be raped. She further told her by gesture that on 2.2.2023 at about 2 p.m. when she was taking bath, her devar broke the door and came inside wherein all the accused persons were present and then Shanu taking advantage of her being naked, threw her on the floor and fondled with her private parts and inserted his finger in her private part and also bit her nipples on which she in order to save her, opposed it and then all the four accused persons assaulted her and tried to strangulate her with a rope and tried to murder her. They on hearing some movements and considering it that someone is coming, left her in an semi conscious state and went outside after which the husband of her daughter came who pleaded to him to save herself on which he took side of his brothers and assaulted her and then took her in the vehicle near Police Station Seemapuri from where the police took her for medical examination to Guruteg Bahadur Hospital and then told her that since she resides within the jurisdiction of police station Kotwali of District Ghaziabad, she may get her report registered there. The informant has thus come and is giving an application for lodging of the FIR. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a deaf and dumb lady. While placing a note in the case diary, it is submitted that as per general diary of Police Station Seemapuri, District Shahdara Delhi, transcribed on 3.2.2023, the victim along with her cousin sister Soni came there, could not tell anything being deaf and dumb on which her sister on her actions told the police that she had a fight with her husband Naeem Qureshi after which she was sent to the hospital. It is submitted that FIR has thus been lodged giving a different version altogether. It is further submitted that the present FIR is lodged on the basis of false and concocted story. It is submitted that the victim has a dispute with her husband regarding which Naeem Qureshi, the husband of the victim had given an application to the Commissioner of Police, District Ghaziabad on which the matter was taken up for mediation and notices were issued to the parties but the same was closed on 11.2.2023 by making an order that the husband and wife are both deaf and dumb and the wife did not appear and thus counseling is not possible. It is further submitted that the victim in her statement under Section 164 Cr.P.C. has stated that she has been raped but the said fact is not mentioned in the FIR. It is submitted that subsequently second statement of the victim was recorded u/s 164 Cr.P.C. in which the victim gives a different version. It is further submitted that a CCTV Footage was collected by the Investigating Officer in which no vehicle at the said time and place was seen throwing the victim at the house of the first informant. While placing para no.37 and 38 of the affidavit in support of bail application, it is submitted that applicant was involved in a case in the year 2020 but the same was bailable offence and no action was taken against him and subsequently after the present matter notices under the Goonda Act was issued against him. The applicant is in jail since 18.1.2025. 6. Per contra learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is named in the FIR and also in the statements of the victim recorded during investigation in which role has been assigned to the applicant of committing rape upon the victim. The victim is a deaf and dumb lady. The applicant is the devar of the victim. It is further submitted that the medical examination report of the victim would go to show that she has received ligature mark on her neck along with scratch marks on the front and back of her body and also on her thigh. The same corroborates with the prosecution story. It is further submitted that there is no reason for false implication of the applicant. The present case is such in which the accused persons were having an evil eyes on a deaf and dumb lady who was the wife of their brother and committed the aforesaid offence. It is further submitted that charge sheet in the matter has been submitted against the applicant and other co-accused persons. Initially anticipatory bail of the applicant was rejected by a coordinate Bench of this Court vide order dated 26.9.2023 passed in Criminal Misc. Anticipatory Bail Application No.10492 of 2023 (Shanu Vs. State of U.P). It is further submitted that the applicant had challenged the entire criminal proceedings including the charge sheet dated 25.7.2023 and the summoning order dated 4.8.2023 in a petition being Application U/S 482 No.45129 of 2023 (Shanu @ Sahnawaz Vs. State of U.P. and another) which has been dismissed vide order dated 13.3.2024 passed by a coordinate Bench of this Court, copy of the said order is annexed as annexure no.S.A-11 to the supplementary affidavit dated 22.3.2025. The prayer for bail be thus rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the devar of the victim. The victim is a deaf and dumb lady. The applicant is named in the FIR and there are allegations of enraging the modesty of the victim and committing rape upon her. The victim during investigation has named the applicant and has assigned the role to him. The medical examination of the victim shows injuries on her body which corroborates with the prosecution story. There is no reason for false implication of the applicant. 8. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 29.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad