Babloo Quraishi Vs State of U.P.

Neutral Citation No. - 2025:AHC:103566

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18577 of 2025

Applicant :- Babloo Quraishi Opposite Party :- State of U.P. Counsel for Applicant :- Javed Khan,Subuhi Naseem Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Javed Khan, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on records.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Babloo Quraishi , seeking enlargement on bail during trial in connection with Case Crime No. 268 of 2024, under Sections 64(2)M, 352, 351(3) B.N.S., Police Station Saidpur, District Ghazipur.

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The first information report of the present matter was lodged on 26.11.2024 by the victim against the applicant and Laddu alleging therein that since the last two years the accused persons are sexually exploiting her. On her opposition they abused her and threatened her. On 23.11.2024 at about 11 pm both the accused persons came to her house to rape her and on finding it locked tried to cut the window after which on her shout they ran away.

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Learned counsel for the applicant submitted that the victim is a major married woman. Her husband lives in Saudi Arabia with regard to his employment. It is submitted that the first information report has been lodged with inordinate delay since the first information report states that the applicant and co-accused have been sexually assaulting since the last two years but before the present first information report no complaint whatsoever was made by her or anyone in her family. While placing paragraph 12 of the affidavit it is submitted that the investigation in the matter has concluded and co-accused Laddu Qureshi has been exonerated by the police. It is submitted that the applicant is aged about 26 years and is having two children, paragraph 14 of the affidavit has been placed before the Court. The applicant has criminal history of 03 cases disclosed and explained in paragraph 21 of the affidavit in which the applicant is on bail and has been falsely implicated. The applicant is in jail since 27.11.2024.

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6. Per contra , learned counsel for the State opposed the prayer for bail.

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After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major married woman. The first information report has been lodged with inordinate delay. The investigation in the matter has concluded. The applicant has criminal history of 03 cases disclosed and explained.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Babloo Quraishi , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if 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 209 B.N.S., 2023.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 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 and the trial court may proceed against him under Section 269 B.N.S., 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Pending application (s), if any, shall stand disposed of.

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Order Date :- 3.7.2025 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Babloo Quraishi v. State of U.P.

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