High Court · 2025

1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the informant/opposite party No. 2.

2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 396 of 2024, under Sections 137(2), 87, 64 B.N.S. and Section 3/4 POCSO Act, Police Station Sirsaganj, District Firozabad, during the pendency of trial.

3. As per the prosecution case, in brief, the complainant who is father of the victim got a first information report lodged on 01.09.2024 for the alleged offence under Section 137(2) of B.N.S., 2023 against the applicant and co-accused Phoola making allegations inter alia that in the intervening night of 29.08.2024 at about 2 A.M., his daughter aged about 17 years went missing and a hectic search was made, but she could not be traced out.

4. It is argued by learned counsel for the applicant that as per F.I.R. version, victim is aged about 17 years, whereas victim in her statement under Section 183 of B.N.S.S. has disclosed her age about 19 years. During investigation, ossification test was not conducted to ascertain the actual age of the victim on the day of alleged incident. It is next submitted that victim was having love affair with the applicant, and therefore, she herself went to Allahabad along with the applicant. When victim came to know about the registration of F.I.R., she herself went to police station, where her statement under Section 180 B.N.S.S. was recorded by a lady constable and thereafter, her statement under Section 183 B.N.S.S was also recorded, wherein she has stated inter alia that she is aged about 19 years, she herself went to Allahabad along with the applicant on account of love affair with him, where she solemnized marriage with the applicant and they started living in Allahabad as husband and wife. Physical relation was made between them with their consent. It is also pointed out that she also expressed her willingness to live with the applicant and she refused to go with her parents. Under the circumstances, she was produced before the concerned Child Welfare Committee on 11.12.2024, where her statement was recorded, and thereafter, she was sent to Nariniketan "One Stop, Firozabad". On the strength of above submissions, it is prayed that the applicant who is languishing in jail since 17.03.2025 having no criminal history to his credit, may be released on bail.

5. On the other hand, learned Additional Government Advocate representing the State as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that the victim, on the day of incident, was minor, therefore, considering the age of the victim, bail application of the applicant is liable to be rejected.

6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the statement of the victim indicates that she was very much inclined towards the applicant, hence, she herself left her house and had gone with the applicant. When victim was medically examined it was found that she was carrying pregnancy of 8 weeks and ten days (FHR-140/min). Though there is dispute with regard to the age of the victim, but it is not in dispute that the victim refused to go with her parents. As per the F.I.R. version she was aged about 17 years, whereas victim in her statement under Section 183 B.N.S.S. has disclosed her age about 19 years. Here it would also be relevant to mention the statement under Section 183 B.N.S.S. of the victim, which is quoted herein below:- "अवललोकन बययान पपीड़በतया अन्तररत धयारया 183 BNSS.......X D/o Y Age 19 years R/o……... नने सशपथ बययान डदियया डक मनेरया नयाम X हहै मम School नहीሻ रई हह ूሺ मम अनपढ़ हह ूሺ। मम डदिनयााሪक 29/08/24 कलो अपनपी मरቌኍ सने रगुररपीत कने सयाथ रई थपी मम रगुररपीत ककी सयाथ शयादिपी कर लपी हहै मम रगुररपीत कने सयाथ प्ययार करतपी हह ूሺ और 2-3 सयाल सने रयानतपी थपी हम ALLAHABAD मम पडत पत्नपी ककी तरह रह रहने थने अब मम रगुरቌኍत कने सयाथ हपी रहनया चयाहतपी हह ूሺ मगुझने अपनने मयाूሺ बयाप कने सयाथ नहीሻ रयानया।"

7. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, aforesaid statement under Section 183 of BNSS of victim and submissions of the learned counsel for the parties, this Court is of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.

8. Let the applicant-Gurjeet Pratap Singh alias Chhotu, 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: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

10. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 10.7.2025 Kashifa KASHIFA High Court of Judicature at Allahabad

1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the informant/opposite party No. 2.

2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 396 of 2024, under Sections 137(2), 87, 64 B.N.S. and Section 3/4 POCSO Act, Police Station Sirsaganj, District Firozabad, during the pendency of trial.

3. As per the prosecution case, in brief, the complainant who is father of the victim got a first information report lodged on 01.09.2024 for the alleged offence under Section 137(2) of B.N.S., 2023 against the applicant and co-accused Phoola making allegations inter alia that in the intervening night of 29.08.2024 at about 2 A.M., his daughter aged about 17 years went missing and a hectic search was made, but she could not be traced out.

4. It is argued by learned counsel for the applicant that as per F.I.R. version, victim is aged about 17 years, whereas victim in her statement under Section 183 of B.N.S.S. has disclosed her age about 19 years. During investigation, ossification test was not conducted to ascertain the actual age of the victim on the day of alleged incident. It is next submitted that victim was having love affair with the applicant, and therefore, she herself went to Allahabad along with the applicant. When victim came to know about the registration of F.I.R., she herself went to police station, where her statement under Section 180 B.N.S.S. was recorded by a lady constable and thereafter, her statement under Section 183 B.N.S.S was also recorded, wherein she has stated inter alia that she is aged about 19 years, she herself went to Allahabad along with the applicant on account of love affair with him, where she solemnized marriage with the applicant and they started living in Allahabad as husband and wife. Physical relation was made between them with their consent. It is also pointed out that she also expressed her willingness to live with the applicant and she refused to go with her parents. Under the circumstances, she was produced before the concerned Child Welfare Committee on 11.12.2024, where her statement was recorded, and thereafter, she was sent to Nariniketan "One Stop, Firozabad". On the strength of above submissions, it is prayed that the applicant who is languishing in jail since 17.03.2025 having no criminal history to his credit, may be released on bail.

5. On the other hand, learned Additional Government Advocate representing the State as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that the victim, on the day of incident, was minor, therefore, considering the age of the victim, bail application of the applicant is liable to be rejected.

6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the statement of the victim indicates that she was very much inclined towards the applicant, hence, she herself left her house and had gone with the applicant. When victim was medically examined it was found that she was carrying pregnancy of 8 weeks and ten days (FHR-140/min). Though there is dispute with regard to the age of the victim, but it is not in dispute that the victim refused to go with her parents. As per the F.I.R. version she was aged about 17 years, whereas victim in her statement under Section 183 B.N.S.S. has disclosed her age about 19 years. Here it would also be relevant to mention the statement under Section 183 B.N.S.S. of the victim, which is quoted herein below:- "अवललोकन बययान पपीड़በतया अन्तररत धयारया 183 BNSS.......X D/o Y Age 19 years R/o……... नने सशपथ बययान डदियया डक मनेरया नयाम X हहै मम School नहीሻ रई हह ूሺ मम अनपढ़ हह ूሺ। मम डदिनयााሪक 29/08/24 कलो अपनपी मरቌኍ सने रगुररपीत कने सयाथ रई थपी मम रगुररपीत ककी सयाथ शयादिपी कर लपी हहै मम रगुररपीत कने सयाथ प्ययार करतपी हह ूሺ और 2-3 सयाल सने रयानतपी थपी हम ALLAHABAD मम पडत पत्नपी ककी तरह रह रहने थने अब मम रगुरቌኍत कने सयाथ हपी रहनया चयाहतपी हह ूሺ मगुझने अपनने मयाूሺ बयाप कने सयाथ नहीሻ रयानया।"

7. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, aforesaid statement under Section 183 of BNSS of victim and submissions of the learned counsel for the parties, this Court is of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.

8. Let the applicant-Gurjeet Pratap Singh alias Chhotu, 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: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

10. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 10.7.2025 Kashifa KASHIFA High Court of Judicature at Allahabad