High Court

2. Sri Sudhir Kumar Rai, learned counsel for the applicant, Sri Anshuman Verma, the learned A.G.A. and Sri Umesh Chandra Shukla, learned counsel for the informant/victim are present.

3. Informant Dipti and the applicant Kapil Patel are also present in person in compliance of the previous order dated 21.01.2025, which reads as follows: “Heard. This Court has passed the order dated 07.01.2025, which reads as under:- "1. Heard Sri Sudhir Kumar Rai, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State.

2. Learned counsel has stated that the present applicant has been falsely implicated as he is ready to get married with the prosecutrix. The family members of the present applicant are also ready for that marriage, therefore, if the prosecutrix and her family members have no objection the present applicant will marry with her. So as to ascertain the aforesaid fact the appearance of the prosecutrix / complainant would be required on the next date.

3. List on 21.1.2025. On that date the S.H.O., P.S. Purwa, District Unnao shall ensure the presence of the prosecutrix / complainant before this Court.

4. Learned AGA shall intimate this order to the S.H.O. concerned for compliance." In compliance of the aforesaid order the prosecutrix and the mother of the applicant, Smt. Urmila Devi are present in person. Sri Siya Ram Chaurasiya, Sub-Inspector and Ms. Samanta Rani, Female Constable of P.S. Purwa, District Unnao have ensured the presence of the prosecutrix. The prosecutrix has stated that she is ready to get married with the applicant, if the present applicant is ready to keep her with him as his wife and undertakes that he shall look after her properly in a same manner the wife is being looked after. Learned counsel for the applicant as well as the mother of the applicant have stated that the applicant is ready to get married with the prosecutrix and he shall keep her with him as his wife and shall look after her properly. Learned counsel has further submitted that after getting social marriage, the applicant shall get the marriage registered before the marriage registering authority at the earliest. Having considered the aforesaid submission of the learned counsels for the parties, the learned AGA as well as the parties who are present in person, keeping in view that the applicant and prosecutrix are ready to get married, and the applicant has given undertaking that he shall look after the prosecutrix properly and shall get the marriage registered before the marriage registering authority, therefore, I find it appropriate that the present applicant maybe enlarged on interim bail for a period of three months. Let, the applicant-Kapil Patel 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 one month weeks, whereafter, he shall get the marriage registered before the marriage resting Authority within a further period of one month. He shall look after the prosecutrix properly and shall provide all bare minimum needs to her and shall ensure that she lives with him with all dignity. 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 28.04.2025. 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 on the next date. 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 applicant and the informant have jointly produced copy of a certificate issued by the Marriage Registration Officer, Unnao, certifying that their marriage solemnized on 18.04.2025 has been registered on 24.04.2025.

5. The informant has expressed satisfaction regarding her marriage and its registration and she has no stated that she has no grievance against the applicant.

6. Accordingly, the interim order dated 21.01.2025 is hereby made absolute.

7. This bail application is allowed in terms of the order dated 21.01.2025.

8. Office is directed to issue a copy of the order dated 21.01.2025 alongwith certified copy of this order. Order Date :- 28.4.2025 A.Nigam (Subhash Vidyarthi, J.)

2. Sri Sudhir Kumar Rai, learned counsel for the applicant, Sri Anshuman Verma, the learned A.G.A. and Sri Umesh Chandra Shukla, learned counsel for the informant/victim are present.

3. Informant Dipti and the applicant Kapil Patel are also present in person in compliance of the previous order dated 21.01.2025, which reads as follows: “Heard. This Court has passed the order dated 07.01.2025, which reads as under:- "1. Heard Sri Sudhir Kumar Rai, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State.

2. Learned counsel has stated that the present applicant has been falsely implicated as he is ready to get married with the prosecutrix. The family members of the present applicant are also ready for that marriage, therefore, if the prosecutrix and her family members have no objection the present applicant will marry with her. So as to ascertain the aforesaid fact the appearance of the prosecutrix / complainant would be required on the next date.

3. List on 21.1.2025. On that date the S.H.O., P.S. Purwa, District Unnao shall ensure the presence of the prosecutrix / complainant before this Court.

4. Learned AGA shall intimate this order to the S.H.O. concerned for compliance." In compliance of the aforesaid order the prosecutrix and the mother of the applicant, Smt. Urmila Devi are present in person. Sri Siya Ram Chaurasiya, Sub-Inspector and Ms. Samanta Rani, Female Constable of P.S. Purwa, District Unnao have ensured the presence of the prosecutrix. The prosecutrix has stated that she is ready to get married with the applicant, if the present applicant is ready to keep her with him as his wife and undertakes that he shall look after her properly in a same manner the wife is being looked after. Learned counsel for the applicant as well as the mother of the applicant have stated that the applicant is ready to get married with the prosecutrix and he shall keep her with him as his wife and shall look after her properly. Learned counsel has further submitted that after getting social marriage, the applicant shall get the marriage registered before the marriage registering authority at the earliest. Having considered the aforesaid submission of the learned counsels for the parties, the learned AGA as well as the parties who are present in person, keeping in view that the applicant and prosecutrix are ready to get married, and the applicant has given undertaking that he shall look after the prosecutrix properly and shall get the marriage registered before the marriage registering authority, therefore, I find it appropriate that the present applicant maybe enlarged on interim bail for a period of three months. Let, the applicant-Kapil Patel 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 one month weeks, whereafter, he shall get the marriage registered before the marriage resting Authority within a further period of one month. He shall look after the prosecutrix properly and shall provide all bare minimum needs to her and shall ensure that she lives with him with all dignity. 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 28.04.2025. 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 on the next date. 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 applicant and the informant have jointly produced copy of a certificate issued by the Marriage Registration Officer, Unnao, certifying that their marriage solemnized on 18.04.2025 has been registered on 24.04.2025.

5. The informant has expressed satisfaction regarding her marriage and its registration and she has no stated that she has no grievance against the applicant.

6. Accordingly, the interim order dated 21.01.2025 is hereby made absolute.

7. This bail application is allowed in terms of the order dated 21.01.2025.

8. Office is directed to issue a copy of the order dated 21.01.2025 alongwith certified copy of this order. Order Date :- 28.4.2025 A.Nigam (Subhash Vidyarthi, J.)