Zubair Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30482 of 2025

Zubair

	Versus	....	.Applicant(s)
State of U.P.			.....Opposite Party(s)
Counsel for Applicant(s)	:	Mahendra Singh	Yadav
Counsel for Opposite Party(s)	:	G.A.

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Court No. - 64

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HON'BLE SAMIT GOPAL, J.

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List revised.

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Heard Sri Mahendra Singh Yadav, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

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This bail application under Section 483 BNSS has been filed by the applicant-Zubair, seeking enlargement on bail during trial in connection with Case Crime No.237 of 2025, u/s 64, 127, 351(2) BNS, P.S. Fatehganj West, District Bareilly.

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Learned counsel for the State states that he has received instructions in the matter for which he had prayed and was granted time on 4.9.2025.

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The FIR of the matter was lodged on 31.5.2025 by Shamsuddin against the applicant alleging therein that his daughter used to go to Madarsa for teaching. On 30.5.2025 being a holiday, Zubair, the owner of the Madarsa called her on phone and stated to come to Madarsa for some work. She then at about 8.30 a.m. went there. After the time of it's closure when she did not return back, he along with his wife went to the Madarsa and found his daughter to be lying unconscious. Her clothes were torn and disturbed. He then took his daughter in an unconscious condition to the hospital where she is being treated. The owner of the Madarsa called her on a false pretext and did wrongful act. A report be lodged and action be taken.

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Learned counsel for the applicant argued that the applicant has been

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BAIL No. 30482 of 2025

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falsely implicated in the present case. It is further argued that the victim is a major girl aged about 18 years. The victim during investigation in her statement under Section 180 BNSS states that no wrongful act was done on her and the applicant only enraged her modesty. Further in the statement of the victim under Section 183 BNSS states of the applicant kissing her and enraging her modesty and then touching her private parts. It is further submitted that prosecution story had not been consistent and was being improved at every stage. It is further argued that the victim refused her medical examination externally and internally. The applicant has no criminal history as stated in para 22 of the affidavit. The applicant is in jail since 3.6.2025.

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

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After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major girl. The prosecution case against the applicant is of enraging modesty of the victim. The prosecution story has been consistently improved in the statement of the victim.

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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-Zubair, 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 she/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

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BAIL No. 30482 of 2025

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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 her/him 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 her/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, 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 her/him in accordance with law and the trial court may proceed against her/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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(Samit Gopal,J.)

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September 23, 2025 Gaurav Kuls

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Zubair v. State of U.P.

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