Shani Alias Ajay Kumar Gupta Vs State of U.P.

Neutral Citation No. - 2025:AHC:103106

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22113 of 2025

Applicant :- Shani Alias Ajay Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Udai Prakash Deo Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Udai Prakash Deo Pandey, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

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This bail application under Section 483 BNSS has been filed by the applicant-Shani Alias Ajay Kumar Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 132 of 2025, under Sections 352, 351(3), 64(2)m, 115(2), 304(2), 303(2) B.N.S., P.S. Shivpur, District Varanasi.

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The FIR of the matter was lodged on 26.3.2025 against the applicant and six other persons alleging therein that due to family reasons she started working for her livelihood. Her distant relative Shani alias Ajay Kumar Gupta got her a room on rent where she was staying and working since the last about four years. He used to visit the said place during day and night hours and taking benefit of the same, used to have physical relationship with her. When she used to oppose it, there was threatening by him. He also indulged in unnatural sex with her. She became unwell and then on the pretext of giving medicines, she was given intoxicating medicines after which she used to be raped and unnatural sex was committed on her. Co-accused Santosh Gupta enraged her modesty and also committed rape upon her. A report be lodged and action be taken.

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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 married major woman aged about 30 years having three children. The relationship between the applicant and the victim was going on since last four years but there was no complaint whatsoever by her earlier. It is argued that the victim is a consenting party. It is further submitted that subsequently just in order to blackmail, harass and falsely implicate the applicant, the present FIR has been lodged. It has also been pointed out that the

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applicant is not having any criminal history as stated in para 28 of the affidavit. The applicant is in jail since 30.3.2025.

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

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After hearing the counsel for the parties and perusing the record, it is evident that the applicant got the victim a room rented. The victim is a married major woman having three children. The relationship between the applicant and the victim was consensual.

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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-Shani Alias Ajay Kumar Gupta, 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 she/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 her/him presence proclamation under section 84 BNSS, 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 her/him, in accordance with law, under section 209 BNS, 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

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charge and (3) recording of statement under Section 351 BNSS, 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 her/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 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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(Samit Gopal, J.)

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Order Date :- 3.7.2025 Gaurav Kuls

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Shani Alias Ajay Kumar Gupta v. State of U.P.

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