HIGH COURT OF JUDICATURE AT ALLAHABAD v. Party

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the F.I.R. was lodged under Section 363 I.P.C., wherein the informant who is the mother of the victim has alleged that her minor daughter aged about 17 years went missing since morning when she left the house for her school. Learned counsel for the applicant further submits that the victim in her statements recorded under Section 161 & 164 Cr.P.C. has stated that she is aged about 19 years, she knows the applicant for the last two years and she was in love relations with him, on the date of incident she went all alone to Rajkot, where applicant met her who took her to her room where they both started living together, they lived there for one year and now she is having pregnancy of four months. Thus, the victim met with the applicant on her own wishes and has remained stayed with him for one year where physical relations were made between them with their consent and there is no allegation of rape against the applicant. Learned counsel for the applicant further submits that the victim had denied for her medical examination and as per the prosecution case the victim was aged about 17 years, thus, taking benefit of two years either side the victim is major. Learned counsel for the applicant further submits that both the applicant and the victim have tied themselves with nuptial knot, as per the statements of the victim recorded under Section 161 & 164 Cr.P.C. the victim has resided with the applicant for one year on her own wishes and consensual sexual relations were made between them, she is now mother of a child and she was living with the applicant as her wife prior to his arrest, thus, she is a consenting party and the applicant has falsely been implicated in the case. It has also been pointed out that the deponent of the affidavit filed in support of the bail application is the victim herself. Several other submissions in order to 2 BAIL No. 12508 of 2025 demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there are two cases into the credit of applicant, in which he is on bail. The applicant is languishing in jail since 06.03.2025.

3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

5. Let applicant-Rajan Nishad @ Ranvijay Nishad, involved in Case Crime No. 614 of 2023, under Sections 363, 366, 376 I.P.C. and Section 5/6 of Protection of Children From Sexual Offences Act, Police Station Peepiganj, District Gorakhpur, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (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. 3 BAIL No. 12508 of 2025 (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.

6. 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 in accordance with law.

7. The bail application is allowed. October 7, 2025 Mustaqeem. (Dr. Gautam Chowdhary,J.) MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the F.I.R. was lodged under Section 363 I.P.C., wherein the informant who is the mother of the victim has alleged that her minor daughter aged about 17 years went missing since morning when she left the house for her school. Learned counsel for the applicant further submits that the victim in her statements recorded under Section 161 & 164 Cr.P.C. has stated that she is aged about 19 years, she knows the applicant for the last two years and she was in love relations with him, on the date of incident she went all alone to Rajkot, where applicant met her who took her to her room where they both started living together, they lived there for one year and now she is having pregnancy of four months. Thus, the victim met with the applicant on her own wishes and has remained stayed with him for one year where physical relations were made between them with their consent and there is no allegation of rape against the applicant. Learned counsel for the applicant further submits that the victim had denied for her medical examination and as per the prosecution case the victim was aged about 17 years, thus, taking benefit of two years either side the victim is major. Learned counsel for the applicant further submits that both the applicant and the victim have tied themselves with nuptial knot, as per the statements of the victim recorded under Section 161 & 164 Cr.P.C. the victim has resided with the applicant for one year on her own wishes and consensual sexual relations were made between them, she is now mother of a child and she was living with the applicant as her wife prior to his arrest, thus, she is a consenting party and the applicant has falsely been implicated in the case. It has also been pointed out that the deponent of the affidavit filed in support of the bail application is the victim herself. Several other submissions in order to 2 BAIL No. 12508 of 2025 demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there are two cases into the credit of applicant, in which he is on bail. The applicant is languishing in jail since 06.03.2025.

3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

5. Let applicant-Rajan Nishad @ Ranvijay Nishad, involved in Case Crime No. 614 of 2023, under Sections 363, 366, 376 I.P.C. and Section 5/6 of Protection of Children From Sexual Offences Act, Police Station Peepiganj, District Gorakhpur, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (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. 3 BAIL No. 12508 of 2025 (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.

6. 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 in accordance with law.

7. The bail application is allowed. October 7, 2025 Mustaqeem. (Dr. Gautam Chowdhary,J.) MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad