High Court · 2006

Applicant :- Brijesh Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Surendra Kumar Tripathi,Hari Krishna Srivastava,Nishant Singh,Sweta Swarankar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard. Sri Ramkripal Yadav, Advocate has filed vakalatnama on behalf of the informant and the same is taken on record. This Court has passed the order dated 24.01.2025, which reads as under:- "Heard Sri Surendra Kumar Tripathi, learned counsel for the applicant and Sri Ram Ji, learned A.G.A. for the State. Learned A.G.A. has informed that the notice has already been served upon the opposite party No. 2 but no one has appeared on behalf of the opposite party No. 2. As per learned counsel for the applicant, the applicant is in jail since 17.11.2024 in F.I.R./ Case Crime No. 395/2023,under Sections 363, 366, 376 IPC & Section 3/4 of POCSO Act, 2012, Police Station- Patti, District- Pratapgarh. Learned counsel for the applicant has stated that the present applicant has got married with the victim/ prosecutrix and presently the prosecutrix is living with the family members of the applicant as her family members have severed all relations with her. As per her educational documents, the victim/ prosecutrix was 17 years 2 months old at the time of lodging the impugned FIR, however, she was a major girl at that time as her parents has wrongly recorded her age in her school record. It is further submitted that presently the victim/ prosecutrix is carrying pregnancy of two months. To verify the aforesaid facts, the appearance of the victim/ prosecutrix as well as the complainant (father of the victim/ prosecutrix) would be required on the next date of hearing, therefore, the Station House Officer, Police Station- Patti, District- Pratapgarh is directed to ensure the presence of the victim/ prosecutrix as well as the complainant (father of the victim/ prosecutrix) would be required on the next date of hearing. Learned A.G.A. shall intimate this order to the S.H.O concerned at the earliest for strict compliance of this order. List this case on 6th February, 2025. " Sri Shyam Sunder Giri, Sub-Inspector and Miss Jyoti Savita, Sub-Inspector P.S. Patti District Pratapgarh have insured the present of the prosecutrix. The prosecutrix is present in person in the court. The prosecutrix has stated that she is living with the family members of the applicant as they got married and presently she is carrying pregnancy of about two months. She has informed her date of birth as 12th July 2006 and they got married on 16.07.2024, when she attained the marriageable age, i.e., 18 years. The marriage certificate has been enclosed with the bail application. She has further stated that she is not willing to live with her parents as they have severed all relations with her. Sri Rama Shankar Singh, the complainant who is present in person has stated that at the time of the incident in question, his daughter was minor and the present applicant has misguided his daughter. He is not agreeable for that marriage. Learned counsel for the applicant has submitted that if both have got married and the criminal case is going on, any appropriate direction may be issued. Learned AGA as well as the learned counsel for the informant have also opposed the aforesaid bail application and have also submitted that at the time of the incident in question, the prosecutrix was minor girl. Therefore, any appropriate order may be passed in the interest of prosecutrix. Having heard the learned counsel for the parties and having perused the material available on record, particularly, considering the statement of prosecutrix, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Brijesh Kumar Mishra, 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) Immediately after release from jail, the present applicant shell get the marriage registered before the marriage registering authority, preferably within a period of three weeks and marriage registration certificate shall be shown to the learned trial Court, failing which the learned trial Court may pass any appropriate order making compliance of the direction of this court. (ii) The applicant shall look after the prosecutrix properly and shall take care of her, keeping in view that she is carrying pregnancy of two months, therefore, she needs extra care. He shall provide all sort of facilities regarding medical, health, etc. which is required to a person, particularly, to a lady in these circumstances. (iii) 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. (iv) 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. (v) 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. (vi) 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. If the prosecutrix finds that the applicant has floated any of the aforesaid conditions, any appropriate application may be filed for seeking cancellation of bail. Order Date :- 6.2.2025 Anurag