High Court · 2025

2. Heard Sri Manvendra Singh, learned counsel for the applicant, Sri Ramajan Ahmad, learned counsel for the first informant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Salman, seeking enlargement on bail during trial in connection with Case Crime No. 411 of 2024, under Sections 69, 115(2), 351(2), 352 BNS, registered at P.S.Kotwali, District Fatehpur.

4. The FIR of the matter was lodged on 21.9.2024 by the victim herself against the applicant and four other persons alleging therein that the applicant on a false promise to marry her used to establish physical relationship with her and was also cheating her of money. She warned him of not committing fraud with her. He had been establishing illicit relationship since last four months and when the victim told him to draw a compromise, he refused and abused her and threw her out. The other accused persons assaulted her and got her thumb affixed on blank paper. 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 argued that the victim is a married lady. She is aged about 30 years. It is further argued that the relationship between the applicant and the victim was a consensual relationship. Although the applicant and four other persons are named in the FIR but after investigation, charge sheet has been submitted only against the applicant whereas four other named persons in the FIR have been exonerated by the police. While placing para nos.18 and 19 of the affidavit in support of bail application it is submitted that previously the applicant was involved in one other case but has been granted bail by this Court. It is further submitted while placing para no.20 of the affidavit in support of bail application that when the husband of the victim was in jail, the applicant was also in jail and they developed friendship and family members of the applicant had financially helped the victim in getting her husband bailed out after which the applicant and his family members demanded their money back due to which the victim and her husband became annoyed and just to avoid to return the said transaction, they have falsely implicated the applicant in the present case. It has also been pointed out that the applicant is not having any criminal history as stated in para 31 of the affidavit. The applicant is in jail since 30.9.2024.

6. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail.

7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a married lady aged about 30 years. The case is of establishing physical relationship on false promise to marry. The investigation in the matter has concluded and charge sheet has been submitted against the applicant. Four other accused persons named in the FIR have been exonerated during investigation.

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-Salman, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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.

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. (Samit Gopal, J.) Order Date :- 7.5.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Manvendra Singh, learned counsel for the applicant, Sri Ramajan Ahmad, learned counsel for the first informant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Salman, seeking enlargement on bail during trial in connection with Case Crime No. 411 of 2024, under Sections 69, 115(2), 351(2), 352 BNS, registered at P.S.Kotwali, District Fatehpur.

4. The FIR of the matter was lodged on 21.9.2024 by the victim herself against the applicant and four other persons alleging therein that the applicant on a false promise to marry her used to establish physical relationship with her and was also cheating her of money. She warned him of not committing fraud with her. He had been establishing illicit relationship since last four months and when the victim told him to draw a compromise, he refused and abused her and threw her out. The other accused persons assaulted her and got her thumb affixed on blank paper. 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 argued that the victim is a married lady. She is aged about 30 years. It is further argued that the relationship between the applicant and the victim was a consensual relationship. Although the applicant and four other persons are named in the FIR but after investigation, charge sheet has been submitted only against the applicant whereas four other named persons in the FIR have been exonerated by the police. While placing para nos.18 and 19 of the affidavit in support of bail application it is submitted that previously the applicant was involved in one other case but has been granted bail by this Court. It is further submitted while placing para no.20 of the affidavit in support of bail application that when the husband of the victim was in jail, the applicant was also in jail and they developed friendship and family members of the applicant had financially helped the victim in getting her husband bailed out after which the applicant and his family members demanded their money back due to which the victim and her husband became annoyed and just to avoid to return the said transaction, they have falsely implicated the applicant in the present case. It has also been pointed out that the applicant is not having any criminal history as stated in para 31 of the affidavit. The applicant is in jail since 30.9.2024.

6. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail.

7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a married lady aged about 30 years. The case is of establishing physical relationship on false promise to marry. The investigation in the matter has concluded and charge sheet has been submitted against the applicant. Four other accused persons named in the FIR have been exonerated during investigation.

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-Salman, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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.

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. (Samit Gopal, J.) Order Date :- 7.5.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad