Babloo Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31635 of 2025

Babloo

Versus	.....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Mukesh Joshi
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 Mukesh Joshi, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Babloo , seeking enlargement on bail during trial in connection with Case Crime No. 332 of 2025, under Sections 64(1), 351(2) B.N.S., Police Station Bilari, District Moradabad.

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The first information report of the present matter was lodged on 18.07.2025 by Smt. Rehana against the applicant Babloo alleging therein that her daughter having date of birth as 17.06.2006 was lured and entangled in love affair by the applicant who is her neighbour and already married and used to visit the house often. On 10.10.2024 her daughter was called by the applicant to his house where he committed rape upon her and made a video of the said act and clicked photographs. He then on threat to make them viral continued commit rape and her daughter was terrified. On 01.04.2025 he threatened of making the video viral and took her to Aashirwad Hotel where he committed rape upon her. She requested him to delete the photographs but he refused. A report be lodged and action be taken.

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BAIL No. 31635 of 2025

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Learned counsel for the applicant submits that the allegations against the applicant are false and incorrect. It is submitted that the victim was asked by the Investigating Officer regarding the said photographs and video but she stated that the applicant only threatened to make them viral but she has no photograph or video. It is submitted that as such no photograph or video has seen the light of the day. It is further submitted that the Investigating Officer visited the hotel Aashirwad and from the records did not find any entry regarding the victim checking-in the hotel. It is submitted that the present first information report has been lodged after an unexplained delay of about 09 months from the date of first incident of rape. It is submitted that the victim even at the time of the alleged incident was a major. It is submitted that the present case is a case of consent. While placing paragraph 35 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 39 of the affidavit and is in jail since 20.07.2025.

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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 girl. The first information report has been lodged after an unexplained delay of about 09 months from the date of first incident of rape. No photograph or video of the victim alleged to have been clicked by the applicant has been recovered during investigation. The hotel where later on the applicant is stated to have called the victim and committed rape upon her also does not bare details of check-in of the victim. 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- Babloo , 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

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BAIL No. 31635 of 2025

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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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BAIL No. 31635 of 2025

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