In Case Crime No.

469 of 2024 under

section 74, 123, 70 (1), 61 (2) of B.N.S.,
Act, Police Station- North Firozabad,
District- Firozabad.
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
************
CRIMINAL MISC. BAIL APPLICATION NO. OF 2024
(Under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023)
DISTRICT- FIROZABAD
Soni alias Soniya, W/o, Devdatt, R/o- Near Surajpur Police Station, Police
Station- Surajpur, District- Gautam Budh Nagar
……………. Applicant
(In Jail Since- 16.08.2024 in
Case Crime No. 469 of 2024)
Versus
State of Uttar Pradesh through its Home Secretary, U.P. Lucknow
…………. Opposite
Party
To,
The Hon’ble Chief Justice and his other Companion Judges of the aforesaid

court.

The humble application on behalf of the above-named applicant most respectfully

showeth as under.

1. That the full facts and circumstances are stated in the accompanying

affidavit which forms part of this application.

2. That the facts and circumstances disclosed in the accompanying affidavit

which forms a part of the application, it is expedient in the interest of justice

and conscience that this Hon’ble Court may kindly be pleased to allow the

present application and grant Bail in Case Crime No. 469 of 2024 under

section 74, 123, 70 (1), 61 (2) of B.N.S., Act, Police Station- North

Firozabad, District- Firozabad.

 PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may kindly

be pleased to allow the present application and grant Bail in Case Crime No.

469 of 2024 under section 74, 123, 70 (1), 61 (2) of B.N.S., Act, Police

Station- North Firozabad, District- Firozabad, during the pendency of the

trial, otherwise the applicant will suffer irreparable loss and injury.

And/or pass such other and further order which this Hon’ble Court may

deem fit and proper under the circumstance of the case.

Dated: .10.2024
Drawn and Filed By:

(Adarsh Srivastava) (Reena Pal)

Enroll No. UP/05427/2014 UP/3555/2015
Roll No. A/0020/2016 A/R/0140/2021
Counsel for the Applicant
Room No. 144, New Building, High
Court., Allahabad.
Mobile No.- 9235944445, 7275944445.
 In Case Crime No. 469 of 2024 under
section 74, 123, 70 (1), 61 (2) of B.N.S.,
Act, Police Station- North Firozabad,
District- Firozabad.
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
************
AFFIDAVIT
IN
CRIMINAL MISC. BAIL APPLICATION NO. OF 2024
(Under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023)
DISTRICT- FIROZABAD
Soni alias Soniya, W/o, Devdatt, R/o- Near Surajpur Police Station, Police
Station- Surajpur, District- Gautam Budh Nagar
……………. Applicant
(In Jail Since- 16.08.2024 in
Case Crime No. 469 of 2024)
Versus
State of Uttar Pradesh through its Home Secretary, U.P. Lucknow
…………. Opposite
Party
Affidavit of Rajesh Kumar, S/o, Pyarelal, aged
about 29 years, R/o, Mehrauli, Ghaziabad.
Occupation- Private Job
Religion- Hindu
Aadhar Card No- 3912 6416 5888

(Deponent)

I, the deponent above named do hereby solemnly affirm and state on oath as

under:

1. That the deponent is the cousin brother of the applicant in the above noted

case and as such he is well acquainted with the facts and circumstances of

the case which is deposed below. The deponent has appended his ID proof

with this affidavit.

2. That this is the first bail application which is being filed on behalf of the

applicant in the Hon’ble High Court in Case Crime No. 469 of 2024 under

section 74, 123, 70 (1), 61 (2) of B.N.S., Act, Police Station- North

Firozabad, District- Firozabad, and neither any application for Bail has been

previously filed in this Hon’ble Court or its Lucknow Bench, nor any other

bail application on behalf of the application is pending before the court

below.

3. That the deponent has filed documents as Annexures in the same condition

as he has received. Some of the documents are blur at some places. The

deponent cannot get the better copy of said document. However, the

deponent is filing typed copy of the said documents.

4. That the instant matter is not related to C.B.I/ Prevention of Corruption Act/

E.D/ matters relating to NRHM scam/ GPF scam/ matters of M.P/M.L.A.,

etc.

5. That the first information report has been lodged by the victim/ complainant

on 23.07.2024 against the Applicant and co-accused Ashish and against

unknown persons, under section 74, 123, 70 (1), 61 (2) of B.N.S., Act,

Police Station- North Firozabad, District- Firozabad, to the incident which

took place on 20.07.2024, with an un-explained delay of 3 days.

6. That section 74 of B.N.S. Act is equivalent to section 354 of I.P.C., section

123 of B.N.S., is equivalent to 328 of I.P.C., section 70(1) of B.N.S is

equivalent to 376 D of I.P.C., and section 61 (2) is equivalent to 120 B of

I.P.C.
7. That as per the recitals of the first information report it has been alleged by

the victim/ complainant that the co-accused person named Ashish who is

known to the victim/ complainant has called the victim/ complainant on

20.07.2024 and asked her to come to Noida as he will help her to find the

job. That accordingly, the victim/ complainant reached Noida and there she

met with co-accused Ashish, who took her to the house of Applicant where 4

unknown persons were present and Applicant made her drink some

poisonous substance in coldrink and she became unconscious and thereafter

as alleged all the four persons assaulted the victim/ complainant and left her

near the roadside and thereafter when she gained conscious she came back to

her house.

A copy of the first information report dated 23.07.2024 is annexed herewith

and marked as Annexure No.1.

8. That thereafter the I.O., has recorded the statement of the victim under

section 180 of B.N.S, dated 23.07.2024, wherein she has stated that she is

aged about 33 years and mother of 6 children and she is un-educated. It has

been alleged by the victim that the co-accused Ashish called her and asked

her to come Noida and he will help her with her job and accordingly the

victim went to Noida on 20.07.2024, where Ashish took her to some hotel

and she stayed there overnight and, in the morning, Ashish came and took

her 2-3 places for the job, but she could not get the job. That thereafter

Ashish took her to the house of the Applicant, where 3-4 people were

already present and Applicant made her drink cooldrink by mixing some

poison and thereafter the victim became unconscious, and the people present
 committed rape upon her and left her in the jungle and went away. The

victim when gained conscious she went to her house by bus.

A copy of the statement of the victim recorded under section 180 of B.N.S,

dated 23.07.2024 is annexed herewith and marked as Annexure No.2.

9. That thereafter the medical examination of the victim was conducted on

25.07.2024, wherein no internal and external injuries were observed and

there was no use of any force. It has been further observed that the hymen

was old torn and healed.

A copy of the medical examination report dated 25.07.2024 made part of the

case diary by the I.O. bearing CD-5 is annexed herewith and marked as

Annexure No.3.

10. That however in the medical examination report there is no evidence of

poison being found in the body of the victim/ complainant.

11.That thereafter the I.O., has recorded the statement of the victim under

section 183 of B.N.S, dated 29.07.2024, wherein she has almost reiterated

the version given in her statement under section 180 of B.N.S, and first

information report and has stated she knows and she met co-accused Ashish

earlier in the house of her sister and she herself called co-accused Ashish and

asked him to help her to find the job. That the victim out of her own will

wen to Noida in search of job and there she met with Ashish and stayed in

hotel and went with him for the job search. It has been further stated by the

victim that Ashish has also not committed rape upon the victim. That the

victim/ complainant has stated that the Applicant has made her drink some

cooldrink in which some poison was mixed and she became un-conscious.
 However, as per the medical examination report no residue of poison was

found in the body of the complainant/ victim, which may associate the

Applicant with the present case.

A copy of the statement of the victim recorded under section 183 of B.N.S,

dated 29.07.2024 is annexed herewith and marked as Annexure No. 4.

12. That the Applicant has been falsely implicated in the present case merely on

the ground of some monetary dispute between the Applicant and the victim/

complainant.

13.That thereafter the victim went to the police station and gave a complaint

against the Applicant, and two other people dated 15.08.2024, wherein she

has stated that the Applicant and two people including co-accused Ashish

and one man came to her house and insisted to make compromise in the

present matter.

A copy of the case diary bearing no. CD- 4, wherein the I.O., has recorded

the complaint of the victim dated 15.08.2024 is annexed herewith and

marked as Annexure No.5.

14.That thereafter during investigation the I.O., has recorded the Majeed

Statement of the victim dated 16.08.204, wherein she has stated that when

she went to house of Applicant, there co-accused Ashish and one co-accused

Kamlesh facilitated in committing rape upon the victim and thereafter they

are coming to her house for the settling the dispute an entering into

compromise. The victim/complainant has given contradictory statement in

order to falsely implicate the Applicant in the present case and in her Majeed

statement she has not assigned any role to the Applicant and neither has

alleged that the Applicant made poison in her coldrink.

 A copy of the Majeed statement of the victim dated 16.08.2024 is annexed

herewith and marked as Annexure No.6.

15.That the applicant has been falsely implicated in the present case merely on

the sole ground of monetary dispute with the Applicant, regarding the

profession in which the Applicant as well as the victim/complainant were

part of it.

16.That the victim/complainant never came to the house of the Applicant and

the applicant has never made her drink any cooldrinks as alleged.

17.That the Applicant is a lady and no offence as alleged un the first

information report is made out against the applicant and neither the applicant

facilitated/ conspired in commission of the present incident.

18.That the Applicant is a woman, and no offence is made out against the

applicant and she is also entitled for the protection under section 480(2) of

the B.N.S.

19.That it is submitted that the Applicant has been falsely implicated in the

present case and the first information report is concocted and the

complainant has cooked up false story against the applicant merely to take

benefit of undue monetary dispute.

20.That the delay in lodging the first information report without any explainable

delay in itself give rise to the doubt of occurrence of any incident.

21.That it is submitted that the entire incident is nothing but a cooked-up story

by the victim to falsely implicate the applicant in the present case.

22.That it is however submitted that the applicant has been falsely implicated in

the present case, with the sole motive of taking revenge from the Applicant

and in order to just harass the applicant so that she does not ask the victim to

return the money back.

23.That it is further submitted that the applicant is innocent and has been falsely

implicated in the present matter and no such incident has taken place with

the victim as alleged.

24.That the First information report against the applicant is based on surmises

and conjectures action in wrong motion of law being the same is based on

irrelevant consideration which has got no legs to stand.

25.That thereafter the applicant applied for bail before the Learned Sessions

Judge, Firozabad, wherein her bail was rejected vide Order dated 19.09.2024

A copy of the Bail Rejection Order dated 19.09.2024 is annexed herewith

and marked as Annexure No. 7.

26.That the applicant has no criminal antecedents.

27.That it is submitted that there is no sign of any internal or external injury to

the victim which may further indicate on the commencement of the alleged

incident of rape.

28.That the applicant, if enlarged on bail, will not abscond or tamper with the

evidence nor intimidate the witnesses and is ready to furnish reliable sureties

to the satisfaction of the court concerned.

29.That this is the first Bail Application of the applicant, and he will furnish as

may be directed by this Hon’ble Court and the applicant undertake that he

will neither jump out of the bail nor temper with the witnesses and will

cooperate with the further proceedings.

30.That the applicant is ready to furnish reliable sureties to the satisfaction of

this Hon’ble Court.

31.That in view of the facts and circumstances stated in the preceding

paragraphs, it is expedient in the interest of justice that this Hon’ble Court

may graciously be pleased to release the applicant on bail in Case Crime.

469 of 2024 under section 74, 123, 70 (1), 61 (2) of B.N.S., Act, Police

Station- North Firozabad, District- Firozabad, during the pendency of the

trial, otherwise the applicant will suffer irreparable loss and injury.

I, the deponent above named, do hereby swear and declare that the contents of
paragraph No. _____ of this Affidavit and those contents of paragraphs No.
_____________________________________________________________
of the accompanying Criminal Misc. Bail Application are true to my personal
knowledge; and those of paragraph Nos.
_____________________________________________________________
of the accompanying Criminal Misc. Bail Application are based on the record of
the case; those of paragraph Nos.
_______________________________________________ of the accompanying
Criminal Misc. Bail Application are based on the information received from
and those of paragraph Nos.
______________________________________________________________of
the accompanying Criminal Misc. Bail Application are based on legal advice,
which all I believe to be true and correct, no part of it is false and nothing
material has been concealed in it.
So help me God

---------------------------
 (Deponent)

I, Reena Pal, Advocate, Chamber No. 144, New Building, High Court,

Allahabad, Advocate Roll No. A/R-0140/2021, do hereby declare that the

person, making this affidavit and alleging herself to be deponent is known to

me from the papers produced by him before me in the instant case and I am

satisfied that he is the same person making this affidavit.

---------------------------

(Advocate)

Solemnly affirmed before me on this ____ day of october, 2024 at about

_____ a.m./p.m. by the deponent who has been identified by the aforesaid

Advocate.

I have satisfied myself by examining the deponent that he has understood the

contents of this affidavit, and has read over and explained to him by me.

…………………………

(Oath Commissioner)
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
************
INDEX
IN
CRIMINAL MISC. BAIL APPLICATION NO. OF 2024
(Under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023)
DISTRICT- FIROZABAD

Soni alias Soniya, W/o, Devdatt, R/o- Near Surajpur Police Station, Police
Station- Surajpur, District- Gautam Budh Nagar
……………. Applicant
(In Jail Since- 16.08.2024 in
Case Crime No. 469 of 2024)
Versus
State of Uttar Pradesh through its Home Secretary, U.P. Lucknow
…………. Opposite
Party
S.No Particulars Date Annexur Page
. e Nos.
1.
2. Criminal Misc. Bail Application
3. Affidavit in Criminal Misc. Bail
Application
4. Photo ID
5. A copy of the first information 23.07.2024 1
report dated 23.07.2024
6. A copy of the statement of the 23.07.2024 2
victim recorded under section 180
of B.N.S, dated 23.07.2024
7. A copy of the medical 25.07.2024 3
examination report dated
25.07.2024 made part of the case
diary by the I.O.
8. A copy of the statement of the 29.07.2024 4
victim recorded under section 183
of B.N.S, dated 29.07.2024
9. A copy of the case diary bearing 15.08.2024 5
no. CD- 4, wherein the I.O., has
recorded the complaint of the
victim dated 15.08.2024
10. A copy of the Majeed statement 16.08.2024 6
of the victim dated 16.08.2024
11. A copy of the Bail Rejection 19.09.2204 7
Order dated 19.09.2024
12. Parcha

Dated: .10.2024
Drawn and Filed By:

(Adarsh Srivastava) (Reena Pal)

Enroll No. UP/05427/2014 UP/3555/2015
Roll No. A/0020/2016 A/R/0140/2021
Counsel for the Applicant
Room No. 144, New Building, High
Court., Allahabad.
Mobile No.- 9235944445, 7275944445.
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
************
ANNEXURE NO. ( )
IN
CRIMINAL MISC. BAIL APPLICATION NO. OF 2024
(Under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023)
DISTRICT- FIROZABAD

Soni alias Soniya, W/o, Devdatt, R/o- Near Surajpur Police Station, Police
Station- Surajpur, District- Gautam Budh Nagar
……………. Applicant
(In Jail Since- 16.08.2024 in
Case Crime No. 469 of 2024)
Versus
State of Uttar Pradesh through its Home Secretary, U.P. Lucknow
…………. Opposite
Party