High Court

2. Sri Anshuman Singh, learned counsel has filed Vakalatnama on behalf of the complainant, the same is taken on record.

3. This Court has passed an order dated 21.11.2024, which reads as under:- "Heard. Counter affidavit filed today is taken on record. This Court has passed the order dated 05.11.2024, which reads as under:- "Heard learned counsel for the applicant and Sri Pawan Kumar Singh, learned AGA for the State. The present applicant is in jail since 17.07.2024 in Case Crime No 0128 of 2024 under Sections 366, 376, 323, 506 of IPC at P.S. Banthara District Lucknow. The learned counsel for the applicant has stated that as a matter of fact the prosecutrix is the wife of the present applicant but has levelled false allegation of rape. He has further submitted that the present applicant had got married with the prosecutrix in one Shiv Temple, New Delhi. However, he has got no proof of that marriage but the applicant admits that he is the husband of the victim. He has further submitted that the prosecutrix was living with him as his wife for about two and half years. Some coloured photograph have been shown from the bail application to show that their relation was cordial though on account of some trivial dispute the present applicant has filed one application under Section 11 of the Hindu Marriage Act before the Principal Judge North Family Court, Rohini, Delhi (Annexure No. 7) but no order has been passed in that application. The present applicant is willing to not press the aforesaid application and is willing to live with the prosecutrix treating him as his wife. The applicant has undertaken that he may do social marriage with the prosecutrix at the earliest and may get his marriage registered before the Registrar of Marriages. So as to know the actual facts and circumstances and willingness of the prosecutrix, the SHO, P.S. Banthara District Lucknow is directed to produce the prosecutrix before the Court on the next date so that her willingness could be noted. List on 21.11.2024. On that date the SHO, P.S. Banthara District Lucknow shall produce the prosecutrix before the Court along with lady Constable/Head Constable. The learned AGA shall intimate this order to SHO, P.S. Banthara District Lucknow telephonically/e-mode/other convenient mode within 48 hours for its compliance. In the meantime, the learned AGA may file objection" In compliance of the aforesaid order, the prosecutrix (X) is present in person along with Sri Ram Singh, Station House Officer and Ms. Rama Gudiya, Female Constable of P.S. Banthra, District Lucknow. The Police Officers have ensured the presence of the prosecutrix. The prosecutrix has stated that though the applicant got married with her in one Shiv Temple, New Delhi but he was not looking after her properly in a manner the wife is being looked after and he was harassing her. The prosecutrix has also stated that her family members are ready for social marriage. On that the learned counsel for the applicant has stated that the present applicant undertakes that the applicant is ready for social marriage with her soon after he is released from jail and he shall get his marriage registered before the registering authority. On such proposal, the prosecutrix has stated that if the present applicant manages the social marriage with her, she is ready to live with him but the direction may be issued to the applicant that he shall look after her properly and shall take care of her and shall provide all necessary means which are required to the wife. Considering the aforesaid submissions of the learned counsel for the applicant and the prosecutrix, I find it appropriate that the applicant be released on interim bail for a period of three months. Let, the applicant- Sahdev Kumar be released on interim bail for a period of three months in the aforesaid case crime number on his furnishing a personal bond and two sureties of Rs.20,000/- each. As soon as the present applicant is released from jail, he shall arrange the social marriage with the prosecutrix at the earliest preferably within a period of six weeks. As soon as their marriage is solemnized, both the applicant and prosecutrix shall get their marriage registered before the marriage registering authority at the earliest. The prosecutrix shall live with the applicant and the applicant shall look after the prosecutrix properly and shall take care of her providing all necessary means which are required to the wife. Besides the aforesaid conditions, the applicant shall follow the following conditions during the period of interim bail:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 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. (v) The applicant shall not leave India without previous permission of the Court. List this case on 05.03.2025. On that date, the applicant and the prosecutrix shall appear in person along with relevant documents to show that they have got married and got their marriage registered in terms of this order. Photocopies of those documents would be taken on record. In case, the present applicant flouts the aforesaid condition, his interim bail may be cancelled. On that date, considering the conduct of the applicant, the bail application may be disposed of finally."

4. The complainant (prosecutrix) and the present applicant (Sahdev Kumar) are present in person. The prosecutrix has informed that after releasing from jail the present applicant did not try to get married with her and for one reason or the other, he tried to avoid the marriage. She has further submitted that she and her family members are ready for the marriage. The applicant has initially taken some lame excuse, but lastly, he has submitted that he shall get married with the prosecutrix within a period of five days as he and his family members are ready if the prosecutrix and her family members are ready, such marriage would take place within five days.

5. Having considered the aforesaid submissions of the present applicant, who is present in person before the Court, this interim bail order is extended till 12.03.2025.

6. List this case on 12.03.2025. On that date, this matter may be taken up at 12:30 p.m.

7. On the next date, the applicant and the prosecutrix/ complainant, who are present in person before the Court, shall again appear in person before the Court along with the relevant papers and the documents to show that they have got married with each other.

8. It is made clear that if on the next date the applicant does not appear or does not marry with the prosecutrix/ complainant, the interim bail order may be rejected.

9. When the case is next listed, name of Sri Anshuman Singh, Advocate be printed in the cause list as counsel for the opposite parties. . Order Date :- 5.3.2025 Suresh/ [Rajesh Singh Chauhan,J.]

2. Sri Anshuman Singh, learned counsel has filed Vakalatnama on behalf of the complainant, the same is taken on record.

3. This Court has passed an order dated 21.11.2024, which reads as under:- "Heard. Counter affidavit filed today is taken on record. This Court has passed the order dated 05.11.2024, which reads as under:- "Heard learned counsel for the applicant and Sri Pawan Kumar Singh, learned AGA for the State. The present applicant is in jail since 17.07.2024 in Case Crime No 0128 of 2024 under Sections 366, 376, 323, 506 of IPC at P.S. Banthara District Lucknow. The learned counsel for the applicant has stated that as a matter of fact the prosecutrix is the wife of the present applicant but has levelled false allegation of rape. He has further submitted that the present applicant had got married with the prosecutrix in one Shiv Temple, New Delhi. However, he has got no proof of that marriage but the applicant admits that he is the husband of the victim. He has further submitted that the prosecutrix was living with him as his wife for about two and half years. Some coloured photograph have been shown from the bail application to show that their relation was cordial though on account of some trivial dispute the present applicant has filed one application under Section 11 of the Hindu Marriage Act before the Principal Judge North Family Court, Rohini, Delhi (Annexure No. 7) but no order has been passed in that application. The present applicant is willing to not press the aforesaid application and is willing to live with the prosecutrix treating him as his wife. The applicant has undertaken that he may do social marriage with the prosecutrix at the earliest and may get his marriage registered before the Registrar of Marriages. So as to know the actual facts and circumstances and willingness of the prosecutrix, the SHO, P.S. Banthara District Lucknow is directed to produce the prosecutrix before the Court on the next date so that her willingness could be noted. List on 21.11.2024. On that date the SHO, P.S. Banthara District Lucknow shall produce the prosecutrix before the Court along with lady Constable/Head Constable. The learned AGA shall intimate this order to SHO, P.S. Banthara District Lucknow telephonically/e-mode/other convenient mode within 48 hours for its compliance. In the meantime, the learned AGA may file objection" In compliance of the aforesaid order, the prosecutrix (X) is present in person along with Sri Ram Singh, Station House Officer and Ms. Rama Gudiya, Female Constable of P.S. Banthra, District Lucknow. The Police Officers have ensured the presence of the prosecutrix. The prosecutrix has stated that though the applicant got married with her in one Shiv Temple, New Delhi but he was not looking after her properly in a manner the wife is being looked after and he was harassing her. The prosecutrix has also stated that her family members are ready for social marriage. On that the learned counsel for the applicant has stated that the present applicant undertakes that the applicant is ready for social marriage with her soon after he is released from jail and he shall get his marriage registered before the registering authority. On such proposal, the prosecutrix has stated that if the present applicant manages the social marriage with her, she is ready to live with him but the direction may be issued to the applicant that he shall look after her properly and shall take care of her and shall provide all necessary means which are required to the wife. Considering the aforesaid submissions of the learned counsel for the applicant and the prosecutrix, I find it appropriate that the applicant be released on interim bail for a period of three months. Let, the applicant- Sahdev Kumar be released on interim bail for a period of three months in the aforesaid case crime number on his furnishing a personal bond and two sureties of Rs.20,000/- each. As soon as the present applicant is released from jail, he shall arrange the social marriage with the prosecutrix at the earliest preferably within a period of six weeks. As soon as their marriage is solemnized, both the applicant and prosecutrix shall get their marriage registered before the marriage registering authority at the earliest. The prosecutrix shall live with the applicant and the applicant shall look after the prosecutrix properly and shall take care of her providing all necessary means which are required to the wife. Besides the aforesaid conditions, the applicant shall follow the following conditions during the period of interim bail:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 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. (v) The applicant shall not leave India without previous permission of the Court. List this case on 05.03.2025. On that date, the applicant and the prosecutrix shall appear in person along with relevant documents to show that they have got married and got their marriage registered in terms of this order. Photocopies of those documents would be taken on record. In case, the present applicant flouts the aforesaid condition, his interim bail may be cancelled. On that date, considering the conduct of the applicant, the bail application may be disposed of finally."

4. The complainant (prosecutrix) and the present applicant (Sahdev Kumar) are present in person. The prosecutrix has informed that after releasing from jail the present applicant did not try to get married with her and for one reason or the other, he tried to avoid the marriage. She has further submitted that she and her family members are ready for the marriage. The applicant has initially taken some lame excuse, but lastly, he has submitted that he shall get married with the prosecutrix within a period of five days as he and his family members are ready if the prosecutrix and her family members are ready, such marriage would take place within five days.

5. Having considered the aforesaid submissions of the present applicant, who is present in person before the Court, this interim bail order is extended till 12.03.2025.

6. List this case on 12.03.2025. On that date, this matter may be taken up at 12:30 p.m.

7. On the next date, the applicant and the prosecutrix/ complainant, who are present in person before the Court, shall again appear in person before the Court along with the relevant papers and the documents to show that they have got married with each other.

8. It is made clear that if on the next date the applicant does not appear or does not marry with the prosecutrix/ complainant, the interim bail order may be rejected.

9. When the case is next listed, name of Sri Anshuman Singh, Advocate be printed in the cause list as counsel for the opposite parties. . Order Date :- 5.3.2025 Suresh/ [Rajesh Singh Chauhan,J.]