High Court

Heard learned counsel for the applicant, Sri Suyesh Pradhan, counsel for the complainant, learned A.G.A. for the State and perused the record. 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. 374 of 2024 under sections 87, 137(2) and 351(2) of B.N.S. P.S.- Kheri District - Lakhimpur Kheri. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the story is cooked up and concocted as there was some animosity in between the parties. He submits that the statements of victim under sections 180 and 183 of B.N.S.S. are all together contradicted which demolishes the story of prosecution. Further, submission is that in fact the applicant never enticed away the victim though she was in love with him and she with her own sweet will went away with the applicant. Further submits that the applicant is 22 years of age and if he is not released on bail, his whole career will be ruined. He next submits that the chargesheet has been filed thus, there is no possibility that he would tamper the evidence or would threaten the witnesses. Adding his arguments, he submits that the applicant has no previous criminal history as is mentioned in paragraph no. 16 of the affidavit filed in support of the bail application and he is languishing in jail since 31.10.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned counsel for the complainant has opposed the contentions aforesaid and submits that the statement of victim under section 183 of B.N.S.S. is a strong evidence against the applicant as force is present in the action of the applicant. He added that the victim is minor as such, the consent is of no avail and therefore, the applicant is not entitled for bail. Learned A.G.A. appearing for the State has supported the version of counsel for the complainant and submits that after thorough investigation it was found that the applicant was involved in committing the offence and there are ample evidence against him as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the statements of the victim under sections 180 and 183 of B.N.S.S. are contradicted and the statement under section 180 of B.N.S.S. is apparent that the alleged victim was in love with the applicant and later on, when it was seen by the maternal uncle, the story was turned up and the first information report has been lodged against the applicant; the chargesheet has been filed thus, there is no possibility that he would tamper the evidence or would threaten the witnesses; the applicant has no previous criminal history as is mentioned in paragraph no. 16 of the affidavit filed in support of the bail application; applicant is languishing in jail since 31.10.2024 coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Devendra Kumar Raj @ Panda 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. Order Date :- 6.2.2025 Mayank

Heard learned counsel for the applicant, Sri Suyesh Pradhan, counsel for the complainant, learned A.G.A. for the State and perused the record. 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. 374 of 2024 under sections 87, 137(2) and 351(2) of B.N.S. P.S.- Kheri District - Lakhimpur Kheri. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the story is cooked up and concocted as there was some animosity in between the parties. He submits that the statements of victim under sections 180 and 183 of B.N.S.S. are all together contradicted which demolishes the story of prosecution. Further, submission is that in fact the applicant never enticed away the victim though she was in love with him and she with her own sweet will went away with the applicant. Further submits that the applicant is 22 years of age and if he is not released on bail, his whole career will be ruined. He next submits that the chargesheet has been filed thus, there is no possibility that he would tamper the evidence or would threaten the witnesses. Adding his arguments, he submits that the applicant has no previous criminal history as is mentioned in paragraph no. 16 of the affidavit filed in support of the bail application and he is languishing in jail since 31.10.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned counsel for the complainant has opposed the contentions aforesaid and submits that the statement of victim under section 183 of B.N.S.S. is a strong evidence against the applicant as force is present in the action of the applicant. He added that the victim is minor as such, the consent is of no avail and therefore, the applicant is not entitled for bail. Learned A.G.A. appearing for the State has supported the version of counsel for the complainant and submits that after thorough investigation it was found that the applicant was involved in committing the offence and there are ample evidence against him as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the statements of the victim under sections 180 and 183 of B.N.S.S. are contradicted and the statement under section 180 of B.N.S.S. is apparent that the alleged victim was in love with the applicant and later on, when it was seen by the maternal uncle, the story was turned up and the first information report has been lodged against the applicant; the chargesheet has been filed thus, there is no possibility that he would tamper the evidence or would threaten the witnesses; the applicant has no previous criminal history as is mentioned in paragraph no. 16 of the affidavit filed in support of the bail application; applicant is languishing in jail since 31.10.2024 coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Devendra Kumar Raj @ Panda 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. Order Date :- 6.2.2025 Mayank