High Court · 2025

2. Heard Sri Rakesh Pathak, learned counsel for the applicant, Sri Martand Kumar, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records.

3. This bail application under Section 439 of Code of Criminal Procedure / under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Gulab Gautam, seeking enlargement on bail during trial in connection with Case Crime No. 79 of 2024, under Sections 363, 366, 376, 342 I.P.C. and 3/4 POCSO Act, Police Station Sureri, District Jaunpur.

4. The first information report of the present matter was lodged on 23.06.2024 by Sunil Gautam against the applicant and 02 other persons alleging therein that on 21.06.2024 at about 9 pm the applicant lured and enticed away his daughter aged about 16 years on a false pretext to marry her and detained her in his house. On 23.06.2024 when he came to know about it, he and his wife went to the house of the applicant where they were threatened and abused by the accused persons. They also threatened him that his daughter will be married with the applicant and sent to Mumbai. 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 trial in the matter has started in which the victim has been examined as P.W.-2 who did not support the prosecution case and has been declared hostile. It is submitted that the victim has denied the applicant taking her away and committing rape upon her. It is submitted that looking to the said fact the implication of the applicant in the present case is false. It is submitted that the applicant is having a criminal history of one case against him which has been disclosed & explained in paragraph 3 of the supplementary affidavit dated 12.03.2025 in which the applicant has been granted bail vide order dated 11.03.2025, the copy of the said order granting bail is annexed as Annexure- SA-1 to the said supplementary affidavit. It is submitted that the said case is a minor case. It is further submitted that the victim although is stated to be a minor but as per her medical examination she was aged about 17 years of age and thus by giving variation of two years she would be a major. The applicant is in jail since 24.06.2024.

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

7. Learned counsel for the first informant / opposite party no.2 although appeared before the Court but did not oppose the prayer for bail and submitted that the first information report was lodged by the informant on the saying of the villagers by getting misled.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim appeared before the trial court and did not support the prosecution case. She has been declared hostile by the trial court.

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- Gulab Gautam, 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 :- 28.4.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Rakesh Pathak, learned counsel for the applicant, Sri Martand Kumar, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records.

3. This bail application under Section 439 of Code of Criminal Procedure / under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Gulab Gautam, seeking enlargement on bail during trial in connection with Case Crime No. 79 of 2024, under Sections 363, 366, 376, 342 I.P.C. and 3/4 POCSO Act, Police Station Sureri, District Jaunpur.

4. The first information report of the present matter was lodged on 23.06.2024 by Sunil Gautam against the applicant and 02 other persons alleging therein that on 21.06.2024 at about 9 pm the applicant lured and enticed away his daughter aged about 16 years on a false pretext to marry her and detained her in his house. On 23.06.2024 when he came to know about it, he and his wife went to the house of the applicant where they were threatened and abused by the accused persons. They also threatened him that his daughter will be married with the applicant and sent to Mumbai. 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 trial in the matter has started in which the victim has been examined as P.W.-2 who did not support the prosecution case and has been declared hostile. It is submitted that the victim has denied the applicant taking her away and committing rape upon her. It is submitted that looking to the said fact the implication of the applicant in the present case is false. It is submitted that the applicant is having a criminal history of one case against him which has been disclosed & explained in paragraph 3 of the supplementary affidavit dated 12.03.2025 in which the applicant has been granted bail vide order dated 11.03.2025, the copy of the said order granting bail is annexed as Annexure- SA-1 to the said supplementary affidavit. It is submitted that the said case is a minor case. It is further submitted that the victim although is stated to be a minor but as per her medical examination she was aged about 17 years of age and thus by giving variation of two years she would be a major. The applicant is in jail since 24.06.2024.

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

7. Learned counsel for the first informant / opposite party no.2 although appeared before the Court but did not oppose the prayer for bail and submitted that the first information report was lodged by the informant on the saying of the villagers by getting misled.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim appeared before the trial court and did not support the prosecution case. She has been declared hostile by the trial court.

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- Gulab Gautam, 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 :- 28.4.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad