High Court

1. Heard Sri Abhishek Mishra, learned counsel for the applicant and Sri Nikhil Singh, learned A.G.A. for the State.

2. This Court has passed the order dated 08.11.2024 which reads as under:- "1. Heard Sri Abhishek Mishra, learned counsel for the applicant, Sri Nikhil Singh, learned AGA-I for the State and Sri Subhash Chandra Mishra, who has filed short counter affidavit alongwith Vakalatnama on behalf of the informant/ complainant/ prosecutrix. Said short counter affidavit alongwith Vakalatnama is taken on record.

2. As per learned counsel for the applicant, the present applicant is in jail since 15.08.2024 in Case Crime/FIR No.0121 of 2024, under Sections 376 & 504 IPC, Police Station ? Colonelganj, District ? Gonda.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Learned counsel has submitted on the basis of specific instructions that the present applicant is in affairs with the prosecutrix and he is ready to get married with her. Learned counsel for the prosecutrix has also stated that both are in relation and the prosecutrix is also ready to get married with the applicant inasmuch as they have established physical relation for the reason that they are willing to get married. Recital to this effect has been given in the short counter affidavit of the prosecutrix.

4. Sri Nikhil Singh, learned AGA has submitted that though the allegation of rape has been levelled in the FIR but if both the parties are ready to get married, any appropriate order may be passed in the interest of the prosecutrix and the prosecution.

5. Considering the aforesaid submission that the applicant and the prosecutrix are willing to get married, I find it appropriate that the present applicant may be enlarged on interim bail for a period of two months so that he could get married with the prosecutrix and get his marriage registered before the marriage registering authority.

6. Accordingly, let applicant- Vinod Kashyap be released on interim bail for a period of two months 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.

7. As soon as the present applicant is released from jail, he and his family members shall arrange social marriage of the applicant and the prosecutrix within a period of four weeks. Thereafter, the applicant shall get his marriage registered before the marriage registering authority within a further period of 15 days.

8. List on 20.01.2025.

9. On the next date, both the applicant and the prosecutrix shall appear in person before this Court alongwith the marriage registration certificate and photocopy thereof so that the photocopy of the marriage registration certificate could be taken on record.

10. Considering the conduct of the present applicant and statement of the prosecutrix/ complainant, the bail application could be disposed of finally on the next date. In the meantime, the applicant shall cooperate in the trial proceedings.

11. It is made clear that if, after release from jail, the applicant does not marry with the prosecutrix within a period of four weeks, the prosecutrix may lodge complaint to the police station concerned to that effect and the interim bail of the applicant shall be cancelled with immediate effect and the applicant shall be taken into custody by the police personnel.

12. 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 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.

13. When the case is next listed, name of Sri Subhash Chandra Mishra shall be printed in the cause list as counsel for the informant/ complainant."

3. In compliance of the aforesaid order, the applicant and the prosecutrix are present in person before this Court.

4. The applicant has stated that he has got married with the prosecutrix and presently the prosecutrix is living with him. The prosecutrix has also stated that she has got married with the applicant and both are living together as husband and wife. She has no grievance with the applicant as he is looking after her properly. The applicant has stated that their marriage could not be registered at Gonda as the authority concerned has demanded the medical certificate of the prosecutrix, though he produced their educational documents showing that they are major persons.

5. In view of the above, it is directed that if the parties are major as per their educational certificates, the Marriage Registration Authority concerned should register their marriage in accordance with law. For that, they shall again apply for the registration of their marriage and their marriage would be registered at the earliest by the authorities concerned.

6. Having considered the submissions for learned counsel for the parties, the applicant and the prosecutrix, this interim bail order is made absolute on the same terms and conditions which have been indicated in the order dated 08.11.2024. The bail application thus stands allowed.

7. Let the applicant- Vinod Kashyap be released on bail on the same terms and conditions which have been indicated in the order dated 08.11.2024. (Rajesh Singh Chauhan,J.) Order Date :- 20.1.2025 (Manoj K.)

1. Heard Sri Abhishek Mishra, learned counsel for the applicant and Sri Nikhil Singh, learned A.G.A. for the State.

2. This Court has passed the order dated 08.11.2024 which reads as under:- "1. Heard Sri Abhishek Mishra, learned counsel for the applicant, Sri Nikhil Singh, learned AGA-I for the State and Sri Subhash Chandra Mishra, who has filed short counter affidavit alongwith Vakalatnama on behalf of the informant/ complainant/ prosecutrix. Said short counter affidavit alongwith Vakalatnama is taken on record.

2. As per learned counsel for the applicant, the present applicant is in jail since 15.08.2024 in Case Crime/FIR No.0121 of 2024, under Sections 376 & 504 IPC, Police Station ? Colonelganj, District ? Gonda.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Learned counsel has submitted on the basis of specific instructions that the present applicant is in affairs with the prosecutrix and he is ready to get married with her. Learned counsel for the prosecutrix has also stated that both are in relation and the prosecutrix is also ready to get married with the applicant inasmuch as they have established physical relation for the reason that they are willing to get married. Recital to this effect has been given in the short counter affidavit of the prosecutrix.

4. Sri Nikhil Singh, learned AGA has submitted that though the allegation of rape has been levelled in the FIR but if both the parties are ready to get married, any appropriate order may be passed in the interest of the prosecutrix and the prosecution.

5. Considering the aforesaid submission that the applicant and the prosecutrix are willing to get married, I find it appropriate that the present applicant may be enlarged on interim bail for a period of two months so that he could get married with the prosecutrix and get his marriage registered before the marriage registering authority.

6. Accordingly, let applicant- Vinod Kashyap be released on interim bail for a period of two months 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.

7. As soon as the present applicant is released from jail, he and his family members shall arrange social marriage of the applicant and the prosecutrix within a period of four weeks. Thereafter, the applicant shall get his marriage registered before the marriage registering authority within a further period of 15 days.

8. List on 20.01.2025.

9. On the next date, both the applicant and the prosecutrix shall appear in person before this Court alongwith the marriage registration certificate and photocopy thereof so that the photocopy of the marriage registration certificate could be taken on record.

10. Considering the conduct of the present applicant and statement of the prosecutrix/ complainant, the bail application could be disposed of finally on the next date. In the meantime, the applicant shall cooperate in the trial proceedings.

11. It is made clear that if, after release from jail, the applicant does not marry with the prosecutrix within a period of four weeks, the prosecutrix may lodge complaint to the police station concerned to that effect and the interim bail of the applicant shall be cancelled with immediate effect and the applicant shall be taken into custody by the police personnel.

12. 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 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.

13. When the case is next listed, name of Sri Subhash Chandra Mishra shall be printed in the cause list as counsel for the informant/ complainant."

3. In compliance of the aforesaid order, the applicant and the prosecutrix are present in person before this Court.

4. The applicant has stated that he has got married with the prosecutrix and presently the prosecutrix is living with him. The prosecutrix has also stated that she has got married with the applicant and both are living together as husband and wife. She has no grievance with the applicant as he is looking after her properly. The applicant has stated that their marriage could not be registered at Gonda as the authority concerned has demanded the medical certificate of the prosecutrix, though he produced their educational documents showing that they are major persons.

5. In view of the above, it is directed that if the parties are major as per their educational certificates, the Marriage Registration Authority concerned should register their marriage in accordance with law. For that, they shall again apply for the registration of their marriage and their marriage would be registered at the earliest by the authorities concerned.

6. Having considered the submissions for learned counsel for the parties, the applicant and the prosecutrix, this interim bail order is made absolute on the same terms and conditions which have been indicated in the order dated 08.11.2024. The bail application thus stands allowed.

7. Let the applicant- Vinod Kashyap be released on bail on the same terms and conditions which have been indicated in the order dated 08.11.2024. (Rajesh Singh Chauhan,J.) Order Date :- 20.1.2025 (Manoj K.)