High Court · 2025

2. Heard Sri Pawan Kumar, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. Sri Akash Kumar Verma and Sri Ravi Prakash, learned counsels for the first informant are not present even when the matter is taken in the revised list.

4. The records show that on 23.05.2025 on the first day of presentation of the matter, the matter was got adjourned on the request of Sri Ravi Prakash, Advocate appearing for the first informant and the following order was passed by a co- ordinate Bench of this Court:- "1. List has been revised.

2. As prayed by Sri Ravi Prakash, learned counsel for the informant, put up as fresh on 2.6.2025."

5. Subsequently on 21.07.2025 both the learned counsels for the first informant were not present but in the interest of justice the matter was adjourned and it was made clear that the matter will not be adjourned on the next date as a matter of right. The following order was passed by this Court on the said date:- "1. List revised.

2. Heard Sri Pawan Kumar, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the record.

3. Sri Akash Kumar Verma and Sri Ravi Prakash, learned counsels for the first informant are not present even in the revised list. Despite their names being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet.

4. Since learned counsels for the first informant are not present even in the revised list, as a last opportunity the matter is adjourned for today.

5. List on 11.8.2025 as fresh.

6. It is made clear that the matter will not be adjourned on the next date as a matter of right."

6. Today again in the revised list both the learned counsels for the first informant are not present. The Court thus proceeds to hear the matter.

7. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Veeru Prajapati, seeking enlargement on bail during trial in connection with Case Crime No. 74 of 2025, under Sections 64(2)M, 69, 87, 127(4), 351(3) B.N.S., Police Station Ghughuli, District Maharajganj.

8. The first information report of the present matter was lodged on 21.02.2025 by the victim against the applicant alleging therein that on 25.09.2024 at about 11 am the applicant on a false promise to marry enticed her away and took her to Punjab where they were living in a room. The applicant committed rape upon her there. Whenever she used to ask him to marry he used to avoid it. In the meantime, her mother gave an application to the police and the police came there searching them and apprehended her from the room on 13.02.2025. The family members of the applicant are threatening them. A report be lodged and action be taken.

9. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that as per the school High School certificate cum mark-sheet of the year 2018 the date of birth of the victim is 01.01.2000 and as such at the time of the incident she was aged about 24 years and a major. It is submitted that he victim lived with the applicant from 25.09.2024 to 13.02.2025 without any objection or resistance. It is submitted that the present case is a case promise to marry which could not materialize. The applicant has no criminal history as stated in para 12 of the affidavit and is in jail since 22.02.2025.

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

11. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl as per her date of birth recorded in the High School mark-sheet. She lived with the applicant in Punjab in a room from 25.09.2024 to 13.02.2025 of which there does not appear to be any opposition or resistance. There was some discussion of marriage between the parties which could not materialize.

12. 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.

13. Let the applicant- Veeru Prajapati, 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 84 B.N.S.S., 2023 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 209 B.N.S., 2023. (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 351 B.N.S.S., 2023. 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 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

14. 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.

15. The bail application is allowed.

16. Pending application (s), if any, shall stand disposed of. Order Date :- 11.8.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Pawan Kumar, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. Sri Akash Kumar Verma and Sri Ravi Prakash, learned counsels for the first informant are not present even when the matter is taken in the revised list.

4. The records show that on 23.05.2025 on the first day of presentation of the matter, the matter was got adjourned on the request of Sri Ravi Prakash, Advocate appearing for the first informant and the following order was passed by a co- ordinate Bench of this Court:- "1. List has been revised.

2. As prayed by Sri Ravi Prakash, learned counsel for the informant, put up as fresh on 2.6.2025."

5. Subsequently on 21.07.2025 both the learned counsels for the first informant were not present but in the interest of justice the matter was adjourned and it was made clear that the matter will not be adjourned on the next date as a matter of right. The following order was passed by this Court on the said date:- "1. List revised.

2. Heard Sri Pawan Kumar, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the record.

3. Sri Akash Kumar Verma and Sri Ravi Prakash, learned counsels for the first informant are not present even in the revised list. Despite their names being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet.

4. Since learned counsels for the first informant are not present even in the revised list, as a last opportunity the matter is adjourned for today.

5. List on 11.8.2025 as fresh.

6. It is made clear that the matter will not be adjourned on the next date as a matter of right."

6. Today again in the revised list both the learned counsels for the first informant are not present. The Court thus proceeds to hear the matter.

7. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Veeru Prajapati, seeking enlargement on bail during trial in connection with Case Crime No. 74 of 2025, under Sections 64(2)M, 69, 87, 127(4), 351(3) B.N.S., Police Station Ghughuli, District Maharajganj.

8. The first information report of the present matter was lodged on 21.02.2025 by the victim against the applicant alleging therein that on 25.09.2024 at about 11 am the applicant on a false promise to marry enticed her away and took her to Punjab where they were living in a room. The applicant committed rape upon her there. Whenever she used to ask him to marry he used to avoid it. In the meantime, her mother gave an application to the police and the police came there searching them and apprehended her from the room on 13.02.2025. The family members of the applicant are threatening them. A report be lodged and action be taken.

9. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that as per the school High School certificate cum mark-sheet of the year 2018 the date of birth of the victim is 01.01.2000 and as such at the time of the incident she was aged about 24 years and a major. It is submitted that he victim lived with the applicant from 25.09.2024 to 13.02.2025 without any objection or resistance. It is submitted that the present case is a case promise to marry which could not materialize. The applicant has no criminal history as stated in para 12 of the affidavit and is in jail since 22.02.2025.

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

11. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl as per her date of birth recorded in the High School mark-sheet. She lived with the applicant in Punjab in a room from 25.09.2024 to 13.02.2025 of which there does not appear to be any opposition or resistance. There was some discussion of marriage between the parties which could not materialize.

12. 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.

13. Let the applicant- Veeru Prajapati, 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 84 B.N.S.S., 2023 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 209 B.N.S., 2023. (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 351 B.N.S.S., 2023. 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 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

14. 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.

15. The bail application is allowed.

16. Pending application (s), if any, shall stand disposed of. Order Date :- 11.8.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad