High Court · 2025

2. Heard Sri Ashok Kumar Singh, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records. Sri Mantosh Singh and Sri Vishwajit Kumar Mishra, learned counsels for the first informant aere not present even when the matter is taken in the revised list.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sahil Rajak @ Sahil Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 352 of 2024, under Sections 137(2), 65(1), 87 B.N.S. and Section 3/4 POCSO Act, Police Station Sujanganj, District Jaunpur.

4. The first information report of the present matter was lodged on 08.10.2024 by Smt. Seema Saroj against the applicant and 02 other persons alleging therein that on 07.10.2024 at about 06 am her daughter aged about 15 years went for coaching but did not return back. She was searched a lot but could not be traced. Later on in the evening it was known that Sahil Kumar her neighbour with the help of his mother Suman Devi and chacha Pappu @ Shayamcharan and other persons have lured her and sent her somewhere with Sahil. She along with her family members went to the house of accused persons but they were not present there and the mobile phone of Sahil Kumar is switched of. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that as per the certificate issued by the Chief Medical Officer concerned the victim was opined to be aged about 18 years and as such she was a major. It is further submitted that the Investigating Officer has transcribed in the case-diary that the victim reached the police station with her mother Smt. Seema on 09.10.2024 and then a GD No. 42 dated 09.10.2024 at 17:11 hours was transcribed and she was handed over in the custody of her parents. It is submitted that subsequently the statement of the victim under Section 180 B.N.S.S. was recorded wherein she states that on 07.10.2024 at about 06 am she was going for tuition wherein the applicant met her and by threatening her lured & enticed her and took her to Delhi by train where a room was taken on rent and they stayed there where forcible physical relationship was established by the applicant and then on 08.10.2024 at about 06 pm he brought her from Delhi to Allahabad by train and then brought her to her maternal grand-mother's house on a motorcycle and left her there. She was then brought on 10.10.2024 at the police station by her mother. It is submitted that the said statement goes to show that the victim was a consenting party and the prosecution story is not truthful in as much as the victim travelled to various places through various modes which were public transport also but she did not raise any objection or alarm while travelling. It is submitted that even the date of the victim reaching the police station and the date on which she states to have reached the police station are in variance which shows that the investigation is not truthful. The applicant has no criminal history as stated in para 10 of the affidavit and is in jail since 12.11.2024.

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

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim was opined to be aged about 18 years by the C.M.O. concerned. The statements of the victim goes to show that she travelled to various places through public transport also but no alarm or objection was raised by her. She even stayed in a rented room at Delhi and even at that point of time there was no alarm or objection by her. The date on which she states to have reached the police station and the date of her reaching the police station as per the police records is in variance.

8. 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.

9. Let the applicant- Sahil Rajak @ Sahil 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 84 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. 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.

11. The bail application is allowed.

12. Pending application (s), if any, shall stand disposed of. Order Date :- 20.5.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Ashok Kumar Singh, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records. Sri Mantosh Singh and Sri Vishwajit Kumar Mishra, learned counsels for the first informant aere not present even when the matter is taken in the revised list.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sahil Rajak @ Sahil Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 352 of 2024, under Sections 137(2), 65(1), 87 B.N.S. and Section 3/4 POCSO Act, Police Station Sujanganj, District Jaunpur.

4. The first information report of the present matter was lodged on 08.10.2024 by Smt. Seema Saroj against the applicant and 02 other persons alleging therein that on 07.10.2024 at about 06 am her daughter aged about 15 years went for coaching but did not return back. She was searched a lot but could not be traced. Later on in the evening it was known that Sahil Kumar her neighbour with the help of his mother Suman Devi and chacha Pappu @ Shayamcharan and other persons have lured her and sent her somewhere with Sahil. She along with her family members went to the house of accused persons but they were not present there and the mobile phone of Sahil Kumar is switched of. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that as per the certificate issued by the Chief Medical Officer concerned the victim was opined to be aged about 18 years and as such she was a major. It is further submitted that the Investigating Officer has transcribed in the case-diary that the victim reached the police station with her mother Smt. Seema on 09.10.2024 and then a GD No. 42 dated 09.10.2024 at 17:11 hours was transcribed and she was handed over in the custody of her parents. It is submitted that subsequently the statement of the victim under Section 180 B.N.S.S. was recorded wherein she states that on 07.10.2024 at about 06 am she was going for tuition wherein the applicant met her and by threatening her lured & enticed her and took her to Delhi by train where a room was taken on rent and they stayed there where forcible physical relationship was established by the applicant and then on 08.10.2024 at about 06 pm he brought her from Delhi to Allahabad by train and then brought her to her maternal grand-mother's house on a motorcycle and left her there. She was then brought on 10.10.2024 at the police station by her mother. It is submitted that the said statement goes to show that the victim was a consenting party and the prosecution story is not truthful in as much as the victim travelled to various places through various modes which were public transport also but she did not raise any objection or alarm while travelling. It is submitted that even the date of the victim reaching the police station and the date on which she states to have reached the police station are in variance which shows that the investigation is not truthful. The applicant has no criminal history as stated in para 10 of the affidavit and is in jail since 12.11.2024.

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

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim was opined to be aged about 18 years by the C.M.O. concerned. The statements of the victim goes to show that she travelled to various places through public transport also but no alarm or objection was raised by her. She even stayed in a rented room at Delhi and even at that point of time there was no alarm or objection by her. The date on which she states to have reached the police station and the date of her reaching the police station as per the police records is in variance.

8. 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.

9. Let the applicant- Sahil Rajak @ Sahil 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 84 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. 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.

11. The bail application is allowed.

12. Pending application (s), if any, shall stand disposed of. Order Date :- 20.5.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad