Sujeet Kumar Vs State of U.P.

This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sujeet Kumar , seeking enlargement on bail during trial in connection with Case Crime No. 39 of 2025, under Sections 62, 64, 115(2), 351(2) B.N.S., Police Station Dheena, District Chandauli.

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The first information report of the present matter was lodged on 28.04.2025 by the victim against the applicant alleging therein that on 27.04.2025 at about 20.45 pm she was alone in the house wherein Sujeet Kumar the applicant entered inside, caught hold of her and tried to commit rape upon her. On her raising a shout her neighbors Amar and Kumar and other persons of village came there and apprehend him. He somehow got himself released and ran away. While running away he extended threat to her. When her husband came back she informed him and has come for lodging of the report. She is aged about 20 years.

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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 a major and a married woman. It is submitted that the allegation against the applicant is of attempt to commit rape upon the victim. It is submitted that during investigation in the statement of the victim recorded under Section 183 B.N.S.S. she states that the applicant outraged her modesty. It is

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BAIL No. 24048 of 2025

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submitted that as a matter of fact no such incident took place. The first information report has been lodged on tutoring just to create pressure. While placing paragraph 12 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 17 of the affidavit and is in jail since 29.04.2025.

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

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After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major and a married woman. The allegation is of an attempt to rape by the applicant. The investigation in the matter has concluded and charge-sheet has been submitted.

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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- Sujeet Kumar , 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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September 12, 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

Sujeet Kumar v. State of U.P.

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Sujeet Kumar v. State of U.P.

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