Chandan Kapoor Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30111 of 2025

Chandan Kapoor

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Aarushi Khare, Ishan Khare
Counsel for Opposite Party(s) : G.A.
Court No.- 64

¶5

HON'BLE SAMIT GOPAL, J.

¶6

1. List revised.

¶7

Heard Ms. Aarushi Khare, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

¶8

This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Chandan Kapoor , seeking enlargement on bail during trial in connection with Case Crime No. 166 of 2025, under Sections 69, 351(3) B.N.S., Police Station Teelamod, District Ghaziabad.

¶9

The first information report of the present matter was lodged on 27.04.2025 by the victim against the applicant and 03 other persons alleging therein that since the last 03 years the applicant on a false promise to marry has been establishing physical relationship with her. When she asked him for marriage then he came with his family to her house where his family asked for two years time to which her family members agreed. As the time passed there was a demand of Rs. 20 lakhs for marriage. Abhishek the brother of the applicant threatened that till date the said money is given marriage could not be solemnized. The applicant then on 21.03.2025 called her on the pretext of talking for marriage wherein he established forceful physical relationship with her. In the meantime, the mother of the applicant came there and the informant made a compliant to her to which she states that she had told him to enjoy the company of the

¶10

BAIL No. 30111 of 2025

¶11

2

¶12

informant. The applicant in front of her mother stated that he will not marry her and threatened her of taking any action or else he would make her objectionable video viral. A report be lodged and action be taken.

¶13

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. The last episode of sexual assault on the victim is of 21.03.2025 but even then the first information report has been lodged after about one month and 06 days of the said incident. It is submitted that the relationship between the applicant and the victim continued since the last three years without any objection. It is submitted that the victim is a major girl aged about 27 years. While placing paragraph 11 of the affidavit it is submitted that the applicant and his family members had given an application on 17.04.2025 and 15.04.2025 respectively before the Additional Sessions Judge, Court No.1 Ghaziabad, under Section 173 (4) B.N.S.S. and under Section 175 (3) B.N.S.S. regarding threat being given by the informant and her family to falsely implicate him and his family members in a case of rape if the engagement is called off. The applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 11.06.2025.

¶14

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

¶15

After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. The relationship between the applicant and the victim continued since the last three years on some discussion of marriage which could not materialize. The last episode of sexual assault on the victim is of 21.03.2025 but the first information report has been lodged on 27.04.2025 which is delayed.

¶16

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.

¶17

Let the applicant- Chandan Kapoor , be released on bail in the

¶18

BAIL No. 30111 of 2025

¶19

3

¶20

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:-

¶21

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

¶22

(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.

¶23

(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.

¶24

(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.

¶25

(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.

¶26

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

¶27

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

¶28

BAIL No. 30111 of 2025

¶29

4

¶30

and send the applicant to prison.

¶31