High Court · 2025

2. Heard Sri Chitranshu Srivastav, learned counsel for the applicant, Sri Saurabh Shukla, learned counsel for the first informant/opposite party no. 2, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. Vide order dated 28.5.2025 passed by a co-ordinate Bench of this Court, the C.M.O. Meerut was directed to constitute a medical board and conduct ossification test of the victim to ascertain her age. Office vide its report dated 2.7.2025 has placed on the record a report received from the C.M.O., Meerut in a sealed cover. Under the direction of this Court the same has been opened by the Bench Secretary. A perusal of the said report goes to show that age of the victim there has been opined about 16 years. The report in original has been sent before this Court. The same be uploaded on the portal of this Court since the present matter is an e-filing and the original be transmitted to the trial court concerned by the Registrar (Compliance) within three weeks after keeping its photocopy on record.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Happy@Harsh, seeking enlargement on bail during trial in connection with Case Crime No.399 of 2024, under Section(s) 64, 115(2), 352, 351(3) B.N.S. and 3/4 POCSO Act, registered at P.S. Medical College, District- Meerut.

5. The F.I.R. of the matter was lodged on 10.10.2024 by Deepak against the applicant and 05 other accused persons alleging therein that his daughter is minor aged about 13 years. On 07.10.2024 at about 07:00 p.m. she suffered stomach ache and it was considered to be pain due to food poisoning. On 09.10.2024 again she suffered unbearable stomach pain and then she was taken to a doctor who told him that she is having pregnancy of about 2 months. He became disturbed. His wife told him that she had her period around 05 months back. His wife then inquired from his daughter who then told him that the applicant who is neighbour, allured her and committed rape upon her and threatened her of not telling it to any one. He went to the house of the applicant and made complaint on which the other accused persons assaulted and threatened him. A report be lodged and action be taken.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the applicant is neighbour of the first informant. It is submitted that specific case of the prosecution in the F.I.R. is that on having stomach ache for the second time, the victim was taken to a doctor who stated that she is having pregnancy of 02 months but the same is totally false and incorrect and without any evidence. It is submitted that the victim was taken to the District Women Hospital on 10.10.2024 for medical examination. The doctor while testing her for pregnancy conducted her UPT test by two kits and found it to be negative. Opinion of the doctor was that there are no signs of use of any force external or internal at the time of examination and ultrasonography (USG) report was stated to be awaited. It is submitted that ultrasound of abdomen of the victim was conducted in Department of Radiology, District Women Hospital, Meerut of which report was given on 11.10.2024 in which uterus was found to be normal and no gestational sac was seen in endometrial cavity. The said report has been placed before the Court which is annexed at page no. 41 of the paper book. It is submitted that as such supplementary medical examination report of the victim was given which states that scan is normal. No. G S seen. It is submitted that there is no evidence of any such pregnancy found by the doctor during medical examination of the victim. It is submitted that the prosecution story with regards to the victim becoming pregnant is totally false and incorrect. It is submitted that charge sheet dated 10.11.2024 has been submitted against the applicant and the other accused persons, para-12 of the affidavit has been placed before the Court, and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para- 5 of the affidavit and is in jail since 10.10.2024.

7. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail vehemently and submitted that the applicant is named in the F.I.R. and in the statement of the victim and there is allegation that due to rape committed by the applicant the victim became got pregnant.

8. After having heard learned counsels for the parties and perusing the record, it is evident that the First Information Report has been lodged after the doctor disclosed the victim to be having pregnancy of two months only. The applicant and his family members are named in the present case as accused persons. Medical examination of the victim and the ultrasound of the victim do not show any such pregnancy.

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- Happy @ Harsh, 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 BNSS, 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 BNS, 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 BNSS, 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 BNS, 2023. (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. (Samit Gopal,J.) Order Date :- 3.7.2025 Naresh/e-File NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Chitranshu Srivastav, learned counsel for the applicant, Sri Saurabh Shukla, learned counsel for the first informant/opposite party no. 2, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. Vide order dated 28.5.2025 passed by a co-ordinate Bench of this Court, the C.M.O. Meerut was directed to constitute a medical board and conduct ossification test of the victim to ascertain her age. Office vide its report dated 2.7.2025 has placed on the record a report received from the C.M.O., Meerut in a sealed cover. Under the direction of this Court the same has been opened by the Bench Secretary. A perusal of the said report goes to show that age of the victim there has been opined about 16 years. The report in original has been sent before this Court. The same be uploaded on the portal of this Court since the present matter is an e-filing and the original be transmitted to the trial court concerned by the Registrar (Compliance) within three weeks after keeping its photocopy on record.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Happy@Harsh, seeking enlargement on bail during trial in connection with Case Crime No.399 of 2024, under Section(s) 64, 115(2), 352, 351(3) B.N.S. and 3/4 POCSO Act, registered at P.S. Medical College, District- Meerut.

5. The F.I.R. of the matter was lodged on 10.10.2024 by Deepak against the applicant and 05 other accused persons alleging therein that his daughter is minor aged about 13 years. On 07.10.2024 at about 07:00 p.m. she suffered stomach ache and it was considered to be pain due to food poisoning. On 09.10.2024 again she suffered unbearable stomach pain and then she was taken to a doctor who told him that she is having pregnancy of about 2 months. He became disturbed. His wife told him that she had her period around 05 months back. His wife then inquired from his daughter who then told him that the applicant who is neighbour, allured her and committed rape upon her and threatened her of not telling it to any one. He went to the house of the applicant and made complaint on which the other accused persons assaulted and threatened him. A report be lodged and action be taken.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the applicant is neighbour of the first informant. It is submitted that specific case of the prosecution in the F.I.R. is that on having stomach ache for the second time, the victim was taken to a doctor who stated that she is having pregnancy of 02 months but the same is totally false and incorrect and without any evidence. It is submitted that the victim was taken to the District Women Hospital on 10.10.2024 for medical examination. The doctor while testing her for pregnancy conducted her UPT test by two kits and found it to be negative. Opinion of the doctor was that there are no signs of use of any force external or internal at the time of examination and ultrasonography (USG) report was stated to be awaited. It is submitted that ultrasound of abdomen of the victim was conducted in Department of Radiology, District Women Hospital, Meerut of which report was given on 11.10.2024 in which uterus was found to be normal and no gestational sac was seen in endometrial cavity. The said report has been placed before the Court which is annexed at page no. 41 of the paper book. It is submitted that as such supplementary medical examination report of the victim was given which states that scan is normal. No. G S seen. It is submitted that there is no evidence of any such pregnancy found by the doctor during medical examination of the victim. It is submitted that the prosecution story with regards to the victim becoming pregnant is totally false and incorrect. It is submitted that charge sheet dated 10.11.2024 has been submitted against the applicant and the other accused persons, para-12 of the affidavit has been placed before the Court, and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para- 5 of the affidavit and is in jail since 10.10.2024.

7. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail vehemently and submitted that the applicant is named in the F.I.R. and in the statement of the victim and there is allegation that due to rape committed by the applicant the victim became got pregnant.

8. After having heard learned counsels for the parties and perusing the record, it is evident that the First Information Report has been lodged after the doctor disclosed the victim to be having pregnancy of two months only. The applicant and his family members are named in the present case as accused persons. Medical examination of the victim and the ultrasound of the victim do not show any such pregnancy.

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- Happy @ Harsh, 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 BNSS, 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 BNS, 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 BNSS, 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 BNS, 2023. (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. (Samit Gopal,J.) Order Date :- 3.7.2025 Naresh/e-File NARESH KUMAR High Court of Judicature at Allahabad