HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24086 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Vivek Singh, Advocate holding brief of Sri Shyam Shankar Mishra, learned counsel for the applicant, Sri Surendra Nath Yadav, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Rajveer, seeking enlargement on bail during trial in connection with Case Crime No. 45 of 2025, under Section 140(1), 70(1), 352, 351(2) B.N.S., Police Station Jareefnagar, District Budaun. 4. The first information report of the present matter was lodged on 08.03.2025 by the victim naming the applicant and 02 other persons and 03 unknown persons on the basis of an application moved under Section 173 (4) B.N.S.S. alleging therein that on 17.02.2025 her husband Daanveer was at the tube-well for irrigating the field. She along with her four children, her mother-in-law and mother were together at the house. Her husband returned back at about 4 am and was about to sleep wherein they heard sound of a vehicle stopping outside the house on which she opened her eyes and saw three persons armed with weapons namely Rajveer, Jandel and Devpal along with three unknown persons entered in her house and with the help of their weapons surrounded her, her husband and children and the all three named accused persons came near her and told her to keep quiet or else she would be murdered. The accused persons were keeping an evil eye on her since before. Her husband & his brothers had around three months earlier sold Versus Counsel for Applicant(s) : Abhishek Upadhyay, Shyam Shankar Mishra Counsel for Opposite Party(s) : G.A., Surendra Nath Yadav Rajveer .....Applicant(s) State of U.P. .....Opposite Party(s) their land for Rs. 28 lakhs. The accused persons were knowing of it and told her that they would fire at her private parts if she does not tell where money is kept. She got terrified and did not make a shout. Rs. Seven lakhs was in the share of her husband which was kept along with ornaments of gold & silver were looted by them and they gagged her mouth with a cloth and took her in their vehicle. Rajveer made her to smell something due to which she became unconscious. On regaining consciousness she found herself at an unknown place. Rajveer and Jandel and three unknown persons whom she can recognize if brought committed rape upon her simultaneously. The jewellery which she was wearing was also looted by them. The accused persons detained her for 04 days and committed torture on her and raped her. She being alone was helpless and had to suffer the torture. On 21.02.2025 when pressure of police was created on the accused then they brought her at the gate of the police station and handed her over to the police and the police scolded her and forcibly got thumb impression of her husband & family members on papers done and returned her back to home. She gave and application at the police station which was thrown by the police and instructed her to go back home and keep silent. On 17.02.2025 a complaint was moved on the IGRS portal but no case was registered. Subsequently an application was given to the S.S.P., Budaun on which also no action was taken. The present application thus is being moved which is dated 01.03.2025. 5. Learned counsel for the applicant argued that said application under Section 173 (4) B.N.S.S. has been moved after an inordinate delay of about 09 days from the date of release of the victim. It is submitted that although in the statement of the victim recorded under Section 180 B.N.S.S. and under Section 183 B.N.S.S. she states of the accused persons detaining her for 04 days but the same is unnatural as no person would remain unconscious for 04 days. It is submitted while placing medical examination report of the victim that the doctor did not see any injury at the time of her examination which is also unnatural in as much as five persons are alleged to have raped her repeatedly but she did not receive any injury. Further while placing paragraph 27 & 28 of the affidavit it is submitted that Ex-Pradhan of the village had murdered Pan Singh the brother of the deponent in which trial is going on under Section 302 I.P.C. and while the applicant and the other accused persons are supported of the village Pradhan the present criminal proceedings have been initiated. It is submitted that the matter was given to BAIL No. 24086 of 2025 2 the Crime Branch for enquiry and the Investigating Officer of the Crime Branch after preliminary enquiry reported that the present occurrence is false and fabricated and highly doubtful and the present criminal proceedings have been initiated due to old enmity and village party-bandi. The applicant has no criminal history as stated in para 38 and is in jail since 19.04.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the first information report and in the statements of the victim recorded during investigation. It is submitted that the present case is a case of gang rape in which the victim was detained for 04 days by the applicant and other accused persons and then gang rape repeated times was committed on her. It is further submitted that there is no enmity between the applicant and the victim which could be shown and the enmity as shown in paragraph 27 & 28 of the affidavit is a far-fetched enmity which does not in any manner show malafides. It is submitted that the present case is a daredevil case in which the applicant and other accused persons are named who not only committed dacoity but also committed rape on the victim. It is submitted that as such the present bail application be rejected. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report and in the statements of the victim recorded during investigation. The present case is a case of gang rape. The victim was detained for 04 days and was gang raped. There is no reason for false implication. There is no enmity between the applicant and the victim or her husband. No ground for bail is made out. 8. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of. August 25, 2025 AS Rathore BAIL No. 24086 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad