High Court

1. Heard Sri Ashok Kumar Singh, learned A.G.A. for the State.

2. Sri Avnish Kumar Singh, S.H.O., Police Station- Ajgain, District- Unnao is present in person.

3. At the very outset, the Sri Avnish Kumar Singh, S.H.O. has tendered unconditional apology before the Court and has submitted that his conduct of not producing the prosecutrix before the Court on 03.01.2025 was unintentional and bona fide and was due to compelling circumstances, which have been indicated in Para No. 7, 8 & 9 of the affidavit filed in support of the application under consideration. Due to the unforeseen circumstances on 03.01.2025, the law and order situation aggravated at the Police Station- Ajgain, District- Unnao, where he is presently posted, he had to remain busy in controlling the aforesaid situation and hence he could not produce the prosecutrix before the Court on 03.01.2025 as directed by this Court vide order dated 13.12.2024.

4. Sri Avnish Kumar Singh, S.H.O has requested that he may be excused for the aforesaid act and has undertaken that he shall ensure that such type of act would not be repeated in future.

5. Today, Sri Avnish Kumar Singh, S.H.O., along with one lady constable namely Ms. Jyoti, has produced the prosecutrix before this Court in compliance of the order dated 13.12.2024.

6. Having considered the submission of Sri Avnish Kumar Singh, S.H.O. and Sri Ashok Kumar Singh, learned A.G.A. for the State, I hereby recall the order dated 03.01.2025 passed by this Court issuing strict caution to him that such type of act would not be repeated in future.

7. The instant application is disposed of accordingly. (Order on Bail Application)

8. Heard Sri Dharmendra Kumar Misra, learned counsel for the applicant and Sri Ashok Kumar Singh, learned A.G.A. for the State.

9. This Court has passed order dated 13.12.2024 which reads as under: "1. Heard Shri Dharmendra Kumar Misra, learned counsel for the applicant and Shri Ran Vijay Singh, learned AGA for the State.

2. The present applicant is in jail since 03.08.2024 in Case Crime no.196 of 2024 under sections 363, 366, 376 IPC and Section 3/4 POCSO Act, police station Ajgain, District Unnao.

3. Learned counsel for the applicant has stated that present applicant has been falsely implicated in the present case as he has not committed any offence as alleged. As a matter of fact the present applicant and prosecutrix have got married and were living together as husband and wife before the arrest of the applicant. The prosecutrix is presently living in one Nari Niketan at Unnao as she is not ready to live with her family members. Though earlier, she was living with the applicant and his family members.

4. So as to verify the aforesaid fact the appearance of the prosecutrix would be required on the next date.

5. In view of the above, the Station House Officer of police station Ajgain, District Unnao is directed to trace out the location of the prosecutrix for her appearance before this Court on the next date.

6. List this case on 03.01.2025 within the top ten cases.

7. Learned AGA shall communicate this order to S.H.O. concerned for its compliance."

10. Today, the prosecutrix, along with Sri Avnish Kumar Singh, S.H.O., Police Station- Ajgain, District- Unnao and one lady constable namely Ms. Jyoti, is present in person.

11. As per learned counsel for the applicant, the present applicant is in jail since 03.08.2024, in FIR/ Case Crime No. 0196 of 2024, under Sections 363, 366, 376 IPC & Section 3/4 POCSO Act, 2012, Police Station- Ajgain, District- Unnao.

12. The prosecutrix has stated that her parents have incorrectly recorded her date of birth in the school papers though she is a major girl and her radiological age may be ascertained. She has further stated that she has got married with the applicant and she was living him him before his arrest in the present case. Since, her family members are not aggriable to their marriage, therefore, they are unhappy with her and on account of this reason, she is presently living in a Nari Niketan at Unnao. She has stated that she wants to live with her husband and not with her parents. She has also stated that she was living with the family members of the applicant and she has no grievance against the applicant and his family members.

13. Learned counsel for the applicant has stated that in view of the aforesaid circumstances and the submissions of the prosecutrix, the applicant may be released on bail. He has stated that the applicant has no prior criminal history of any kind whatsoever.

14. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order, so the applicant may be enlarged on bail. Further, the applicant undertakes that he shall look after the prosecutrix properly and shall file appropriate application for the release of the prosecutrix from the aforesaid Nari Niketan and thereafter he shall get their marriage registered before the Marriage Registration Authority at the earliest.

15. Learned A.G.A. has, however, opposed the prayer for bail by submitting that as per her educational certificates, the prosecutrix has not attained the marriageable age, the FIR has been registered against the application under various sections of IPC as well as POCSO Act, therefore, any appropriate order may be passed to protect the prosecution.

16. Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations in the FIR; the submission of the prosecutrix herself that her parents have incorrectly recorded her date of birth in the school papers though she is a major girl; she has got married with the applicant and she was living him before his arrest; she is presently living in a Nari Niketan at Unnao; she wants to live with her husband and not with her parents; she was living with the family members of the applicant and she has no grievance against the applicant and his family members and the undertaking of the applicant that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail and shall also look after the prosecutrix properly and get their marriage registered before the Marriage Registration Authority concerned at the earliest, I find it appropriate to release the applicant on bail.

17. Accordingly, the bail application is allowed.

18. Let the applicant- Aneesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (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 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 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.

19. It is directed that Sri Avnish Kumar Singh, S.H.O. and lady constable Ms. Jyoti, Police Station- Ajgain, District- Unnao, who are present in person before the Court today, shall hand over the custody of the prosecutrix to the Nari Niketan, Unnao today itself. (Rajesh Singh Chauhan,J.) Order Date :- 20.1.2025 (Manoj K.)

1. Heard Sri Ashok Kumar Singh, learned A.G.A. for the State.

2. Sri Avnish Kumar Singh, S.H.O., Police Station- Ajgain, District- Unnao is present in person.

3. At the very outset, the Sri Avnish Kumar Singh, S.H.O. has tendered unconditional apology before the Court and has submitted that his conduct of not producing the prosecutrix before the Court on 03.01.2025 was unintentional and bona fide and was due to compelling circumstances, which have been indicated in Para No. 7, 8 & 9 of the affidavit filed in support of the application under consideration. Due to the unforeseen circumstances on 03.01.2025, the law and order situation aggravated at the Police Station- Ajgain, District- Unnao, where he is presently posted, he had to remain busy in controlling the aforesaid situation and hence he could not produce the prosecutrix before the Court on 03.01.2025 as directed by this Court vide order dated 13.12.2024.

4. Sri Avnish Kumar Singh, S.H.O has requested that he may be excused for the aforesaid act and has undertaken that he shall ensure that such type of act would not be repeated in future.

5. Today, Sri Avnish Kumar Singh, S.H.O., along with one lady constable namely Ms. Jyoti, has produced the prosecutrix before this Court in compliance of the order dated 13.12.2024.

6. Having considered the submission of Sri Avnish Kumar Singh, S.H.O. and Sri Ashok Kumar Singh, learned A.G.A. for the State, I hereby recall the order dated 03.01.2025 passed by this Court issuing strict caution to him that such type of act would not be repeated in future.

7. The instant application is disposed of accordingly. (Order on Bail Application)

8. Heard Sri Dharmendra Kumar Misra, learned counsel for the applicant and Sri Ashok Kumar Singh, learned A.G.A. for the State.

9. This Court has passed order dated 13.12.2024 which reads as under: "1. Heard Shri Dharmendra Kumar Misra, learned counsel for the applicant and Shri Ran Vijay Singh, learned AGA for the State.

2. The present applicant is in jail since 03.08.2024 in Case Crime no.196 of 2024 under sections 363, 366, 376 IPC and Section 3/4 POCSO Act, police station Ajgain, District Unnao.

3. Learned counsel for the applicant has stated that present applicant has been falsely implicated in the present case as he has not committed any offence as alleged. As a matter of fact the present applicant and prosecutrix have got married and were living together as husband and wife before the arrest of the applicant. The prosecutrix is presently living in one Nari Niketan at Unnao as she is not ready to live with her family members. Though earlier, she was living with the applicant and his family members.

4. So as to verify the aforesaid fact the appearance of the prosecutrix would be required on the next date.

5. In view of the above, the Station House Officer of police station Ajgain, District Unnao is directed to trace out the location of the prosecutrix for her appearance before this Court on the next date.

6. List this case on 03.01.2025 within the top ten cases.

7. Learned AGA shall communicate this order to S.H.O. concerned for its compliance."

10. Today, the prosecutrix, along with Sri Avnish Kumar Singh, S.H.O., Police Station- Ajgain, District- Unnao and one lady constable namely Ms. Jyoti, is present in person.

11. As per learned counsel for the applicant, the present applicant is in jail since 03.08.2024, in FIR/ Case Crime No. 0196 of 2024, under Sections 363, 366, 376 IPC & Section 3/4 POCSO Act, 2012, Police Station- Ajgain, District- Unnao.

12. The prosecutrix has stated that her parents have incorrectly recorded her date of birth in the school papers though she is a major girl and her radiological age may be ascertained. She has further stated that she has got married with the applicant and she was living him him before his arrest in the present case. Since, her family members are not aggriable to their marriage, therefore, they are unhappy with her and on account of this reason, she is presently living in a Nari Niketan at Unnao. She has stated that she wants to live with her husband and not with her parents. She has also stated that she was living with the family members of the applicant and she has no grievance against the applicant and his family members.

13. Learned counsel for the applicant has stated that in view of the aforesaid circumstances and the submissions of the prosecutrix, the applicant may be released on bail. He has stated that the applicant has no prior criminal history of any kind whatsoever.

14. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order, so the applicant may be enlarged on bail. Further, the applicant undertakes that he shall look after the prosecutrix properly and shall file appropriate application for the release of the prosecutrix from the aforesaid Nari Niketan and thereafter he shall get their marriage registered before the Marriage Registration Authority at the earliest.

15. Learned A.G.A. has, however, opposed the prayer for bail by submitting that as per her educational certificates, the prosecutrix has not attained the marriageable age, the FIR has been registered against the application under various sections of IPC as well as POCSO Act, therefore, any appropriate order may be passed to protect the prosecution.

16. Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations in the FIR; the submission of the prosecutrix herself that her parents have incorrectly recorded her date of birth in the school papers though she is a major girl; she has got married with the applicant and she was living him before his arrest; she is presently living in a Nari Niketan at Unnao; she wants to live with her husband and not with her parents; she was living with the family members of the applicant and she has no grievance against the applicant and his family members and the undertaking of the applicant that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail and shall also look after the prosecutrix properly and get their marriage registered before the Marriage Registration Authority concerned at the earliest, I find it appropriate to release the applicant on bail.

17. Accordingly, the bail application is allowed.

18. Let the applicant- Aneesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (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 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 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.

19. It is directed that Sri Avnish Kumar Singh, S.H.O. and lady constable Ms. Jyoti, Police Station- Ajgain, District- Unnao, who are present in person before the Court today, shall hand over the custody of the prosecutrix to the Nari Niketan, Unnao today itself. (Rajesh Singh Chauhan,J.) Order Date :- 20.1.2025 (Manoj K.)