Shashi Kumar Vs State of U.P.

This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Shashi Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 348 of 2025, under Section(s) 318(4), 69, 115(2), 352, 351(2) B.N.S., registered at P.S. Ghosi, District Mau.

¶12

The F.I.R. of the matter was lodged on 7.7.2025 by Smt. Chanda Devi against the applicant alleging therein that on 08.6.2021 she went to a wedding programme with her husband where she met the applicant who assured them of providing employment. He took her phone number and used to talk to her. He also took money many times from her for getting mark-sheets and other documents prepared. He assured them that he is working in irrigation department and would get her employment. On her asking for return of money he stated that he would take care of her and her children and would open a shop for her and would purchase a land in her name and construct a house on it. He established physical relationship with her and later on, he started threatening her.

¶13

BAIL No. 27559 of 2025

¶14

2

¶15

Learned counsel for the applicant argued that the victim is a major, married woman having three children. It is submitted that there was some discussion between the applicant and the victim for getting employment which could not materialize and thus the present F.I.R. has been lodged. It is submitted that the victim is aged about 38 years. It is submitted while placing para-24 of the affidavit that there is no recovery of any incriminating material available on the record. It is submitted that the applicant has no other criminal antecedents as stated in para-22 of the affidavit and is in jail since 12.7.2025.

¶16

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

¶17

After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major, married woman having three children. There was some discussion between the applicant and the victim for getting employment which could not materialize.

¶18

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.

¶19

Let the applicant- Shashi 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:-

¶20

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

¶21

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.

¶22

(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

¶23

BAIL No. 27559 of 2025

¶24

3

¶25

accordance with law.

¶26

(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.

¶27

(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, 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 BNS, 2023.

¶28

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

¶29

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.

¶30

The bail application is allowed.

¶31

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

¶32

(Samit Gopal,J.)

¶33

September 9, 2025 Naresh

¶34

Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Shashi Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shashi Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases