High Court

"1. Heard Sri Yogesh Kumar Mishra, learned counsel for the applicant and Ms. Rafiya Farooqui, learned AGA for the State.

2. The present applicant is in jail since 7.8.2024 in Case Crime No. 209 of 2024 u/s 64, 87 B.N.S., P.S. Jamon, District Amethi. It has been submitted that the applicant has falsely been implicated in this case as he has not committed any offence as alleged.

3. As a matter of fact, learned counsel for the applicant submitted that the present applicant and prosecutrix are in relation for couple of years and they are willing to get married. Even both were in live-in-relation for last two years and the prosecutrix is pregnant with him. Before the social marriage could take place the prosecutrix lodged the F.I.R. under the influence of her family members with false and misconceived allegations.

4. So as to ascertain the aforesaid submission of the learned counsel for the applicant the appearance of the victim / prosecutrix would be required.

5. Therefore, list this case on 3.12.2024. On that date the Station House Officer, Jamon, District Amethi shall ensure the presence of victim / prosecutrix.

6. Learned AGA shall intimate this order to the S.H.O. concerned telephonically, whatsapp or through e-mode within 48 hours for its compliance. " In compliance of the aforesaid order, the prosecutrix (X) is present in person along with Sri Balak Ram, Sub Inspector and Ms. Sushma, Female Constable of P.S. Jamon, District Amethi. The Police Officers have ensured the presence of the prosecutrix. The prosecutrix has 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 two months. Let, the applicant- Rajbhavan 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. 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 10.02.2025. 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." In compliance of the order aforesaid, the applicant and the prosecutrix/victim through Shri Hardev Bahadur, Sub-Inspector and Ms. Riya Rajpoot, Lady Constable, PS- Jamo, Amethi are present before this Court. On query being asked, they stated jointly that they have performed the marriage and they were living as husband and wife. Supplementary affidavit filed today by the counsel for the applicant is taken on record. From perusal of the supplementary affidavit, it transpires that the parties have got their marriage registered and a certificate dated 23.1.2025 is issued by the Marriage Registration Officer which is appended as Annexure-SA-3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 209 of 2024, under Sections 64, 87 of B.N.S., P.S. Jamon, District- Amethi. In view of the aforesaid facts and circumstances of the case, this Court finds it a fit case for bail. Accordingly, the instant bail application is allowed. Let the applicant- Rajbhavan involved in the aforementioned crime be released on bail, 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Personal appearance of the the applicant and the prosecutrix/victim present is hereby exempted. Order Date :- 10.2.2025 Shravan

"1. Heard Sri Yogesh Kumar Mishra, learned counsel for the applicant and Ms. Rafiya Farooqui, learned AGA for the State.

2. The present applicant is in jail since 7.8.2024 in Case Crime No. 209 of 2024 u/s 64, 87 B.N.S., P.S. Jamon, District Amethi. It has been submitted that the applicant has falsely been implicated in this case as he has not committed any offence as alleged.

3. As a matter of fact, learned counsel for the applicant submitted that the present applicant and prosecutrix are in relation for couple of years and they are willing to get married. Even both were in live-in-relation for last two years and the prosecutrix is pregnant with him. Before the social marriage could take place the prosecutrix lodged the F.I.R. under the influence of her family members with false and misconceived allegations.

4. So as to ascertain the aforesaid submission of the learned counsel for the applicant the appearance of the victim / prosecutrix would be required.

5. Therefore, list this case on 3.12.2024. On that date the Station House Officer, Jamon, District Amethi shall ensure the presence of victim / prosecutrix.

6. Learned AGA shall intimate this order to the S.H.O. concerned telephonically, whatsapp or through e-mode within 48 hours for its compliance. " In compliance of the aforesaid order, the prosecutrix (X) is present in person along with Sri Balak Ram, Sub Inspector and Ms. Sushma, Female Constable of P.S. Jamon, District Amethi. The Police Officers have ensured the presence of the prosecutrix. The prosecutrix has 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 two months. Let, the applicant- Rajbhavan 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. 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 10.02.2025. 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." In compliance of the order aforesaid, the applicant and the prosecutrix/victim through Shri Hardev Bahadur, Sub-Inspector and Ms. Riya Rajpoot, Lady Constable, PS- Jamo, Amethi are present before this Court. On query being asked, they stated jointly that they have performed the marriage and they were living as husband and wife. Supplementary affidavit filed today by the counsel for the applicant is taken on record. From perusal of the supplementary affidavit, it transpires that the parties have got their marriage registered and a certificate dated 23.1.2025 is issued by the Marriage Registration Officer which is appended as Annexure-SA-3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 209 of 2024, under Sections 64, 87 of B.N.S., P.S. Jamon, District- Amethi. In view of the aforesaid facts and circumstances of the case, this Court finds it a fit case for bail. Accordingly, the instant bail application is allowed. Let the applicant- Rajbhavan involved in the aforementioned crime be released on bail, 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Personal appearance of the the applicant and the prosecutrix/victim present is hereby exempted. Order Date :- 10.2.2025 Shravan