High Court · 2025

"In this case, first information report was lodged by father of the victim on

29.07.2021 against unknown person with the allegation inter alia that his minor daughter aged about 14 years has been enticed away by unknown boy. The victim was recovered on 21.11.2021 and thereafter her statements under Section 161 and 164 Cr.P.C. were recorded, in which she has disclosed inter-alia that she was in touch with the applicant-Haseena Khatoon through Instagram and she called her to Metro Hospital, in NOIDA. She was accompanied by two men named Naseem and Golu. Haseena took her to her house and she gave water to drik, then she fell asleep. Thereafter, at the behest of Haseena Khatoon, co-accused Naseem and Golu made physical relation with her. During the course of argument, it is pointed out that the victim alongwith her parents had gone to her relatives at Orissa but she has been missing from there. The F.I.R. of the said incident was lodged by mother of the victim on 09.04.2022 at Case Crime No. 169 of 2022, under Section 363 I.P.C. at Police Station Bargarh, District Bargarh (Orissa) alleging inter-alia that on 07.04.2022 her daughter had gone to shop but she did not return. Learned A.G.A. for the State upon instruction from the Investigating Officer of this case apprised the Court that the victim has not yet been recovered in above Case Crime No. 169 of 2022. Under the circumstances, this Court feels that this matter may be heard after recovery of the victim for the just decision of the case. List this case on 10.07.2023. Investigating Officer of this case shall also file an affidavit with regard to recovery of the victim by the next date after seeking appropriate instruction from the Investigating Officer of Case Crime No. 169 of 2022. Learned A.G.A. representing the State shall communicate this order to the investigation officer of this case as well as Superintendent of Police, Bargarh (Orissa) within a week."

3. Learned A.G.A. has no instructions as to whether victim has been recovered thereafter or not.

4. In the aforesaid circumstances, taking note of allegations against the applicant that she accompanied victim to other place where co-accused committed the offence of rape. Considering Majid Bayan could not be considered ignoring above referred statement of victim recorded under Section 164 Cr.P.C., therefore, I don't find it a fit case to grant bail.

5. Bail application is accordingly rejected.

6. Copy of this order be sent to the applicant through Jail Superintendent, Ghaziabad.

7. Registrar (Compliance) to take steps."

4. In the present second bail application, this Court passed following order on

07.04.2025: "1. Heard Sri Saroj Kumar Dubey, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State.

2. This is second bail application filed by applicant-Hasina Khatoon in Case Crime No. 1836 of 2021, under Sections 323, 363, 365, 376D, 120B IPC and 5/6 POCSO Act, Police Station Indrapuram, District Ghaziabad. First bail application of applicant was rejected vide order dated 29.04.2024.

3. Applicant, a lady, is in jail since 03.12.2021, i.e., for about three years and four months, however, trial is not proceeding as till date only examination-in-chief of PW- 1 was conducted, on ground that co-accused, Golu Singh, who has been granted bail by this Court vide order dated 11.04.2023, despite coercive measures, is absconding as well as till date statement of victim is not recorded.

4. Learned counsel for applicant submits that in absence of victim it would be very difficult to prove case against applicant.

5. In the present case, except applicant, all co-accused were granted bail. It is informed that victim is still not recovered or traced out.

6. I have considered the above submission and is of the view that due to non appearance of accused-Golu Singh trial is not proceeding.

7. In aforesaid circumstances, a notice is issued to accused-Golu Singh to appear before this Court in person or through an Advocate on the next date of hearing. In case of default, the Court may pass adverse order, which may include cancellation of bail since violation of condition of bail is akin to contempt of this Court's order. Address of accused-Golu Singh will be provided by learned AGA.

8. Registrar General is directed to do the needful.

9. Trial Court concerned is also directed to submit a report with regard to whereabouts of victim as well as steps taken for recovery.

10. Put up this case on 21st May, 2025."

5. Today Sri Anil Kumar Jaiswal, Advocate appears on behalf of accused-Golu Singh and he admits that said accused was not regularly appearing despite a condition in bail order and now he undertakes that he will not take any adjournment and will appear during trial on each and every date.

6. The Court takes note of above undertaking and in case it is violated Trial Court concerned shall cancel his bail with immediate effect.

7. Learned counsel for applicant submits that as per instruction till date victim has not been recovered.

8. Learned AGA appearing for State on limited instruction submits that it appears that despite efforts victim has not been recovered.

9. In aforesaid circumstances, Court takes note that applicant, a woman, is in jail since 03.12.2021 as well as other accused has been granted bail, therefore, a case of bail is made out.

10. However, applicant is directed to remain present on each and every date as and when required by Trial Court during trial and in case any application for exemption on vague ground is filed, the same shall be a ground for Trial Court to cancel bail immediately.

11. Police Authorities are also directed to look into the mater and try to recover the victim so that trial may be concluded.

12. Let the applicant-Hasina Khatoon 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 shall file an undertaking to the effect that she shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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. (iii) 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 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 her, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.

13. 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.

14. The bail application is allowed.

15. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 21.5.2025 AK AWADESH KUMAR AWADESH KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad

"In this case, first information report was lodged by father of the victim on

29.07.2021 against unknown person with the allegation inter alia that his minor daughter aged about 14 years has been enticed away by unknown boy. The victim was recovered on 21.11.2021 and thereafter her statements under Section 161 and 164 Cr.P.C. were recorded, in which she has disclosed inter-alia that she was in touch with the applicant-Haseena Khatoon through Instagram and she called her to Metro Hospital, in NOIDA. She was accompanied by two men named Naseem and Golu. Haseena took her to her house and she gave water to drik, then she fell asleep. Thereafter, at the behest of Haseena Khatoon, co-accused Naseem and Golu made physical relation with her. During the course of argument, it is pointed out that the victim alongwith her parents had gone to her relatives at Orissa but she has been missing from there. The F.I.R. of the said incident was lodged by mother of the victim on 09.04.2022 at Case Crime No. 169 of 2022, under Section 363 I.P.C. at Police Station Bargarh, District Bargarh (Orissa) alleging inter-alia that on 07.04.2022 her daughter had gone to shop but she did not return. Learned A.G.A. for the State upon instruction from the Investigating Officer of this case apprised the Court that the victim has not yet been recovered in above Case Crime No. 169 of 2022. Under the circumstances, this Court feels that this matter may be heard after recovery of the victim for the just decision of the case. List this case on 10.07.2023. Investigating Officer of this case shall also file an affidavit with regard to recovery of the victim by the next date after seeking appropriate instruction from the Investigating Officer of Case Crime No. 169 of 2022. Learned A.G.A. representing the State shall communicate this order to the investigation officer of this case as well as Superintendent of Police, Bargarh (Orissa) within a week."

3. Learned A.G.A. has no instructions as to whether victim has been recovered thereafter or not.

4. In the aforesaid circumstances, taking note of allegations against the applicant that she accompanied victim to other place where co-accused committed the offence of rape. Considering Majid Bayan could not be considered ignoring above referred statement of victim recorded under Section 164 Cr.P.C., therefore, I don't find it a fit case to grant bail.

5. Bail application is accordingly rejected.

6. Copy of this order be sent to the applicant through Jail Superintendent, Ghaziabad.

7. Registrar (Compliance) to take steps."

4. In the present second bail application, this Court passed following order on

07.04.2025: "1. Heard Sri Saroj Kumar Dubey, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State.

2. This is second bail application filed by applicant-Hasina Khatoon in Case Crime No. 1836 of 2021, under Sections 323, 363, 365, 376D, 120B IPC and 5/6 POCSO Act, Police Station Indrapuram, District Ghaziabad. First bail application of applicant was rejected vide order dated 29.04.2024.

3. Applicant, a lady, is in jail since 03.12.2021, i.e., for about three years and four months, however, trial is not proceeding as till date only examination-in-chief of PW- 1 was conducted, on ground that co-accused, Golu Singh, who has been granted bail by this Court vide order dated 11.04.2023, despite coercive measures, is absconding as well as till date statement of victim is not recorded.

4. Learned counsel for applicant submits that in absence of victim it would be very difficult to prove case against applicant.

5. In the present case, except applicant, all co-accused were granted bail. It is informed that victim is still not recovered or traced out.

6. I have considered the above submission and is of the view that due to non appearance of accused-Golu Singh trial is not proceeding.

7. In aforesaid circumstances, a notice is issued to accused-Golu Singh to appear before this Court in person or through an Advocate on the next date of hearing. In case of default, the Court may pass adverse order, which may include cancellation of bail since violation of condition of bail is akin to contempt of this Court's order. Address of accused-Golu Singh will be provided by learned AGA.

8. Registrar General is directed to do the needful.

9. Trial Court concerned is also directed to submit a report with regard to whereabouts of victim as well as steps taken for recovery.

10. Put up this case on 21st May, 2025."

5. Today Sri Anil Kumar Jaiswal, Advocate appears on behalf of accused-Golu Singh and he admits that said accused was not regularly appearing despite a condition in bail order and now he undertakes that he will not take any adjournment and will appear during trial on each and every date.

6. The Court takes note of above undertaking and in case it is violated Trial Court concerned shall cancel his bail with immediate effect.

7. Learned counsel for applicant submits that as per instruction till date victim has not been recovered.

8. Learned AGA appearing for State on limited instruction submits that it appears that despite efforts victim has not been recovered.

9. In aforesaid circumstances, Court takes note that applicant, a woman, is in jail since 03.12.2021 as well as other accused has been granted bail, therefore, a case of bail is made out.

10. However, applicant is directed to remain present on each and every date as and when required by Trial Court during trial and in case any application for exemption on vague ground is filed, the same shall be a ground for Trial Court to cancel bail immediately.

11. Police Authorities are also directed to look into the mater and try to recover the victim so that trial may be concluded.

12. Let the applicant-Hasina Khatoon 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 shall file an undertaking to the effect that she shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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. (iii) 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 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 her, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.

13. 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.

14. The bail application is allowed.

15. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 21.5.2025 AK AWADESH KUMAR AWADESH KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad