Vijay Singh Kushwaha vs State of U.P.

Neutral Citation No. - 2025:AHC:106901

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22690 of 2025

Applicant :- Vijay Singh Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Mishra,Ved Prakash Pandey 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 Ved Prakash Pandey, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S. has been filed by the applicant Vijay Singh Kushwaha, seeking enlargement on bail during trial in connection with Case Crime No. 79 of 2025, under Sections 69, 61(2) BNS, 2023, registered at Police Station Mirzapur, District Shahjahanpur.

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The FIR of the matter was lodged on 23.03.2025 by the victim against the applicant and two other persons alleging therein that the applicant is the son of her bua Smt. Rajbeti. On a false promise to marry around four months back he established physical relationship with her. Now marriage has been refused by him. Report be lodged and action be taken.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is aged about 28 years and a major woman. It is submitted that the relationship between the applicant and the victim was a consensual relationship. It is submitted that there was some discussion between the parties which could not materialize and thus the present FIR has been lodged. It is submitted that there is no corroboration of allegation of rape since the victim had refused her medical examination, para 9 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 22.05.2025.

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

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After having heard learned counsels for the parties and perusing the records, it is evident that it is evident that the victim is a major woman aged about 28 years. The relationship between the applicant and the victim was a consensual relationship. Some discussion between the parties with regard to marriage which could not materialize and thus the present FIR has been lodged.

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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 Vijay Singh Kushwaha , 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 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 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 charge and (3) recording of statement under Section 351 BNSS,

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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 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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Order Date :- 8.7.2025 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Vijay Singh Kushwaha v. State of U.P.

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Vijay Singh Kushwaha v. State of U.P.

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