High Court · 2025

2. Heard Sri Raghuvansh Misra, learned counsel for the applicant, Sri Vipin Chandra Pandey, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records.

3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 16.04.2025.

4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Dinesh Khirwar, seeking enlargement on bail during trial in connection with Case Crime No. 617 of 2024, under Sections 376, 500 I.P.C., Police Station Sadar Bazar, District Agra.

5. The first information report of the present matter was lodged on 25.10.2024 by the victim against the applicant, Girraj Singh, Sushila Devi, Uttam and Sonu alleging therein that her engagement was done with the applicant on 28.10.2023 in which family of both the persons participated. On 01.11.2023 the applicant called her and made her talk to his mother and on the occasion of festival of Karwachauth made her to keep fast and on its pretext took her to his house and after puja took her to his room where he forcibly established physical relation which was being opposed by her on which he said that since he has accepted her as his wife it is not wrong. Later on he on the pretext of celebrating birthdays and other excuses used to take her to his house and established physical relation with her. His family members had known that she is already a divorced woman and knowing the same they had got the engagement done with consent. Now the applicant and his family members are refusing marriage. A report be lodged and action be taken.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim on her own showing is a divorced woman. It is submitted that the present case is a case of consent. It is submitted that since the factum of marriage between the applicant and the first informant / victim did not materialize, the present first information report has been lodged. It is submitted that the investigation in the matter has concluded and a charge-sheet dated 22.12.2024 has been submitted against the applicant. The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 13.12.2024.

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

8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a divorced lady. The victim and the applicant entered in engagement with each other. Subsequently the marriage could not materialize, the present first information report has been lodged. The investigation in the matter has concluded and charge-sheet has been submitted.

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- Dinesh Khirwar, 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 :- 21.5.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Raghuvansh Misra, learned counsel for the applicant, Sri Vipin Chandra Pandey, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records.

3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 16.04.2025.

4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Dinesh Khirwar, seeking enlargement on bail during trial in connection with Case Crime No. 617 of 2024, under Sections 376, 500 I.P.C., Police Station Sadar Bazar, District Agra.

5. The first information report of the present matter was lodged on 25.10.2024 by the victim against the applicant, Girraj Singh, Sushila Devi, Uttam and Sonu alleging therein that her engagement was done with the applicant on 28.10.2023 in which family of both the persons participated. On 01.11.2023 the applicant called her and made her talk to his mother and on the occasion of festival of Karwachauth made her to keep fast and on its pretext took her to his house and after puja took her to his room where he forcibly established physical relation which was being opposed by her on which he said that since he has accepted her as his wife it is not wrong. Later on he on the pretext of celebrating birthdays and other excuses used to take her to his house and established physical relation with her. His family members had known that she is already a divorced woman and knowing the same they had got the engagement done with consent. Now the applicant and his family members are refusing marriage. A report be lodged and action be taken.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim on her own showing is a divorced woman. It is submitted that the present case is a case of consent. It is submitted that since the factum of marriage between the applicant and the first informant / victim did not materialize, the present first information report has been lodged. It is submitted that the investigation in the matter has concluded and a charge-sheet dated 22.12.2024 has been submitted against the applicant. The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 13.12.2024.

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

8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a divorced lady. The victim and the applicant entered in engagement with each other. Subsequently the marriage could not materialize, the present first information report has been lodged. The investigation in the matter has concluded and charge-sheet has been submitted.

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- Dinesh Khirwar, 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 :- 21.5.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad