Shaikul vs State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33732 of 2025

Shaikul

.....Applicant(s)

Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Amit Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 66

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HON'BLE SAMIT GOPAL, J.

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1. List revised.

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Heard Sri Amit Singh, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

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Notice was issued to the opposite party no.2 vide order dated 31.10.2025. As per office report dated 07.11.2025 notice has been served personally on the opposite party no.2. Despite service of notice, no one appears on behalf of the opposite party no.2.

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This bail application under Section 483 of B.N.S.S. has been filed by the applicant Shaikul, seeking enlargement on bail during trial in connection with Case Crime No. 260 of 2025, under Sections 137(2), 65(1) B.N.S. and Section 3/4 POCSO Act, registered at Police Station Gowardhan, District Mathura.

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The FIR of the matter was lodged on 01.06.2025 by Inus against the applicant alleging therein that on 27.05.2025 his daughter aged about 15 years had gone to ease herself at about 07:00 pm, Shaikul has lured and enticed her away. At about 12:00 pm his daughter returned back home. 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 prosecution story as per the FIR is false and concocted. It is submitted that the victim during investigation in her statement recorded under Section 180 BNSS has stated that her modesty was enraged by Shaikul when on 27.05.2025 she had gone to field but no illegal act was done on her. It is submitted that subsequently in her statement recorded under Section 183 BNSS she changes the prosecution version in whole and states that she had gone on 27.05.2025 at about 07:00 pm to the jungle to ease herself where two boys Shaikul and Zubair were persons they forcibly caught hold of her

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BAIL No. 33732 of 2025

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and made sit on bike and took her away and called for a car and took her in the car in which their mama Aseen was also present. They took her in jungle where Shaikul and Zubair tore her clothes and committed rape upon her. They then left her and ran away. Police searched her. It is submitted that the prosecution story is totally inconsistent. Three versions have come forward in the FIR, statement of the victim recorded under Section 180 BNSS and in her statement recorded under Section 183 BNSS. It is submitted that as such the same is not trustworthy. It is submitted that the applicant has no criminal history as stated in para 16 of the affidavit and is in jail since 05.07.2025.

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

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After having heard learned counsels for the parties and perusing the records, it is evident that the prosecution story is inconsistent at all. The victim in her statement recorded under Section 180 BNSS does not state of any illegal act being committed on her. Subsequently in her statement recorded under Section 183 BNSS she changes her version introduces one more accused apart from the applicant and then add one more person and states that the applicant and co-accused Zubair committed rape upon her.

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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 Shaikul , 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 BNSS, 2023 may be issued and if applicant fails to appear before the court on the

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BAIL No. 33732 of 2025

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date fixed in such proclamation, then, the trial court shall initiate proceedings against 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 him in accordance with law and the trial court may proceed against 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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November 21, 2025 M. ARIF

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Shaikul v. State of U.P. and 3 Others

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Shaikul v. State of U.P. and 3 Others

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