High Court

2. Heard Sri Manish Joshi, learned counsel for the applicant, Sri Devendra Nath Mishra, learned AGA for the State and perused the material on record.

3. Notice was issued to the opposite party no. 4/first informant vide order dated 8.4.2025. Office vide its report dated 05.5.2025 reported that notice has been served personally on the opposite party no. 4/first informant as per the report of C.J.M. concerned which is dated 03.5.2025. Despite service no one appears on behalf of the opposite party no. 4 even in the revised list. Service of notice is thus sufficient.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Vipin, seeking enlargement on bail during trial in connection with Case Crime No.498 of 2024, under Section(s) 137(2), 87, 351(2), 64 B.N.S. and 3/4 POCSO Act, registered at P.S. Mundhapandey, District- Moradabad.

5. The F.I.R. of the matter was lodged on 03.10.2024 by Arif against the applicant and 04 other persons alleging therein that on 02.10.2024 at about 04:00 a.m. when he woke up found his daughter aged about 16 years to be absent from the house. He and his family members searched his daughter but she could not be traced. Rs.2 lakh, gold and silver ornaments kept in the house of about Rs.5 lakh value are also missing. In the morning people of village told him that Vipin (the applicant) was seen taking away his daughter on a motorcycle by alluring her. He and his brothers went to the house of the applicant wherein the family members got angry and refused to tell whereabouts of his daughter.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the C.M.O., Moradabad vide his report dated 07.10.2024 has opined the age of the victim girl to be about 18 years and as such she is a major girl. It is submitted that the victim in her statement recorded during investigation under Sections 180 and 183 B.N.S.S. has stated of going with the applicant out of her own sweet will, marrying him and living as husband and wife. It is submitted that the present case is a case of consent. It is further submitted that investigation in the matter has concluded and charge sheet dated 10.11.2024 has been submitted against the applicant only whereas 04 other accused persons named in the F.I.R. have been exonerated during the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-34 of the affidavit and is in jail since 04.10.2024.

7. Per contra, learned State counsel opposed the prayer for bail.

8. After having heard learned counsels for the parties and perusing the record, it is evident that as per certificate of the C.M.O. concerned, the age of the victim has been opined to be about 18 years and as such she is a major girl. During investigation the victim states of going with the applicant out of her own sweet will, marrying him and they living as husband and wife. Charge sheet in the matter has been submitted against the applicant only whereas 04 other named accused persons have been exonerated during investigation.

9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant- Vipin, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 1.7.2025 Naresh

2. Heard Sri Manish Joshi, learned counsel for the applicant, Sri Devendra Nath Mishra, learned AGA for the State and perused the material on record.

3. Notice was issued to the opposite party no. 4/first informant vide order dated 8.4.2025. Office vide its report dated 05.5.2025 reported that notice has been served personally on the opposite party no. 4/first informant as per the report of C.J.M. concerned which is dated 03.5.2025. Despite service no one appears on behalf of the opposite party no. 4 even in the revised list. Service of notice is thus sufficient.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Vipin, seeking enlargement on bail during trial in connection with Case Crime No.498 of 2024, under Section(s) 137(2), 87, 351(2), 64 B.N.S. and 3/4 POCSO Act, registered at P.S. Mundhapandey, District- Moradabad.

5. The F.I.R. of the matter was lodged on 03.10.2024 by Arif against the applicant and 04 other persons alleging therein that on 02.10.2024 at about 04:00 a.m. when he woke up found his daughter aged about 16 years to be absent from the house. He and his family members searched his daughter but she could not be traced. Rs.2 lakh, gold and silver ornaments kept in the house of about Rs.5 lakh value are also missing. In the morning people of village told him that Vipin (the applicant) was seen taking away his daughter on a motorcycle by alluring her. He and his brothers went to the house of the applicant wherein the family members got angry and refused to tell whereabouts of his daughter.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the C.M.O., Moradabad vide his report dated 07.10.2024 has opined the age of the victim girl to be about 18 years and as such she is a major girl. It is submitted that the victim in her statement recorded during investigation under Sections 180 and 183 B.N.S.S. has stated of going with the applicant out of her own sweet will, marrying him and living as husband and wife. It is submitted that the present case is a case of consent. It is further submitted that investigation in the matter has concluded and charge sheet dated 10.11.2024 has been submitted against the applicant only whereas 04 other accused persons named in the F.I.R. have been exonerated during the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-34 of the affidavit and is in jail since 04.10.2024.

7. Per contra, learned State counsel opposed the prayer for bail.

8. After having heard learned counsels for the parties and perusing the record, it is evident that as per certificate of the C.M.O. concerned, the age of the victim has been opined to be about 18 years and as such she is a major girl. During investigation the victim states of going with the applicant out of her own sweet will, marrying him and they living as husband and wife. Charge sheet in the matter has been submitted against the applicant only whereas 04 other named accused persons have been exonerated during investigation.

9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant- Vipin, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 1.7.2025 Naresh