Shoeb Vs State of U.P.

Neutral Citation No. - 2025:AHC:145807

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26648 of 2025

Applicant :- Shoeb Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav 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 Sanjay Kumar Yadav, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

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Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 04.08.2025.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Shoeb , seeking enlargement on bail during trial in connection with Case Crime No. 289 of 2025, under Sections 69, 89 B.N.S., Police Station Sidhari, District Azamgarh.

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The first information report of the present matter was lodged on 08.06.2025 by the victim against the applicant alleging therein that the in-law's house of the brother of the applicant was near the house of the victim and he often used to visit her house. During the said period he offered to marry her and on the said pretext established physical relationship with her many times. In the meantime, she became pregnant and then she forced him to marry but he gave her some medicine due to which the said pregnancy was aborted. When her family members made pressure of marriage his brother and family members demanded a bullet motorcycle, Rs. Five lakh and 01 Biswa land as dowry. She gave an application on 27.05.2025 at the police station earlier but no action was taken. A 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 present case is a case of consent. It is submitted that the victim was aged about 19 years and was thus a major. It is submitted that there was some discussion of marriage between the applicant and the victim which could not materialize and then the present first information report has been lodged. It is submitted that even the fact that the victim became pregnant and the pregnancy was aborted would go to show that she was a consenting party. While placing paragraph 13 of the affidavit it is submitted that the

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investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 10.06.2025.

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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 there was some discussion of marriage between the applicant and the victim which could not materialize and the present first information report has been lodged. The victim became pregnant and the pregnancy was aborted but no complaint was made earlier either by her or by her family members. 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- Shoeb , 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

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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 :- 23.8.2025 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

Shoeb v. State of U.P.

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