High Court

2. Vakalatnama filed by Sri Akhileshwar Pratap Singh, Advocate on behalf of the first informant is taken on record.

3. Heard Sri Adesh Kumar, learned counsel for the applicant, Sri Akhileshwar Pratap Singh, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Arvind Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 142 of 2024, under Sections 363, 366, 376 I.P.C. & Section 5/6 POCSO Act, Police Station Naraini, District Banda.

4. The first information report of the present matter was lodged on 30.06.2024, under Section 363 I.P.C. by Ram Surat against the applicant and 01 other person alleging therein that a phone used to come in his house which used to be received by his daughter. On 30.06.2024 Arvind with his friend co-accused Somil lured her and enticed away his daughter aged about 16 years. A report be lodged and action be taken.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was medically examined and as per the certificate of the C.M.O. concerned dated 11.02.2025 she was opined to be about 18 years of age and thus she is a major. It is submitted that there was relationship between the applicant and the victim and the victim had conceived but subsequently the same could not carry on and the pregnancy was aborted. While placing paragraph 19 of the affidavit it is submitted that the victim is a consenting party and she was living with the applicant for about 07 months out of her own sweet-will. It is submitted that after the present case and the applicant being arrested, the victim still is again living in the house of the applicant with his parents. It is submitted that the investigation in the matter has concluded and charge-sheet dated 01.03.2025 has been submitted, paragraph 12 of the affidavit has been placed before the Court. The applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 05.02.2025.

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

7. Learned counsel for the first informant / opposite party no.4 does not oppose the prayer for bail and does not dispute the arguments of learned counsel for the applicant. He submits that the victim is living in the house of the applicant with his parents happily and the first informant his family members have accepted the said relationship.

8. After having heard learned counsel for the parties and perusing the record, it is evident that as per the medical examination the victim is a major girl. The victim was living earlier with the applicant and after the present case and arrest of the applicant is living in his house with his parents.

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- Arvind Kumar, 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 82 Cr.P.C., 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 174-A I.P.C. (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 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 and the trial court may proceed against him under Section 229-A IPC. (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. Order Date :- 11.7.2025 AS Rathore (Samit Gopal,J.)

2. Vakalatnama filed by Sri Akhileshwar Pratap Singh, Advocate on behalf of the first informant is taken on record.

3. Heard Sri Adesh Kumar, learned counsel for the applicant, Sri Akhileshwar Pratap Singh, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Arvind Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 142 of 2024, under Sections 363, 366, 376 I.P.C. & Section 5/6 POCSO Act, Police Station Naraini, District Banda.

4. The first information report of the present matter was lodged on 30.06.2024, under Section 363 I.P.C. by Ram Surat against the applicant and 01 other person alleging therein that a phone used to come in his house which used to be received by his daughter. On 30.06.2024 Arvind with his friend co-accused Somil lured her and enticed away his daughter aged about 16 years. A report be lodged and action be taken.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was medically examined and as per the certificate of the C.M.O. concerned dated 11.02.2025 she was opined to be about 18 years of age and thus she is a major. It is submitted that there was relationship between the applicant and the victim and the victim had conceived but subsequently the same could not carry on and the pregnancy was aborted. While placing paragraph 19 of the affidavit it is submitted that the victim is a consenting party and she was living with the applicant for about 07 months out of her own sweet-will. It is submitted that after the present case and the applicant being arrested, the victim still is again living in the house of the applicant with his parents. It is submitted that the investigation in the matter has concluded and charge-sheet dated 01.03.2025 has been submitted, paragraph 12 of the affidavit has been placed before the Court. The applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 05.02.2025.

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

7. Learned counsel for the first informant / opposite party no.4 does not oppose the prayer for bail and does not dispute the arguments of learned counsel for the applicant. He submits that the victim is living in the house of the applicant with his parents happily and the first informant his family members have accepted the said relationship.

8. After having heard learned counsel for the parties and perusing the record, it is evident that as per the medical examination the victim is a major girl. The victim was living earlier with the applicant and after the present case and arrest of the applicant is living in his house with his parents.

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- Arvind Kumar, 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 82 Cr.P.C., 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 174-A I.P.C. (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 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 and the trial court may proceed against him under Section 229-A IPC. (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. Order Date :- 11.7.2025 AS Rathore (Samit Gopal,J.)