High Court
Case Details
Neutral Citation No. - 2025:AHC:106309 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19049 of 2025 Applicant :- Arjun Urf Arab Sisaudiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohan Kant Baghel Counsel for Opposite Party :- Brajesh Kumar Singh,G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Mohan Kant Baghel, learned counsel for the applicant, Sri Brajesh Kumar Singh, learned counsel for the first informant, Sri Bade Lal Bind, learned AGA/Brief Holder for the State and perused the material on record. 3. Despite name of Sri Brajesh Kumar Singh 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. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Arjun Urf Arab Sisaudiya, seeking enlargement on bail during trial in connection with Case Crime No. 80 of 2025, under Sections 137(2), 87, 352, 64, 351(2) B.N.S. and 3/4 POCSO Act, registered at P.S. Tundla, District Firozabad. 5. The F.I.R. of the matter was lodged on 01.3.2025 by Durgesh Kumar against the applicant and two others alleging there in that his daughter having date of birth 09.10.2007, is a Class 12th student. He on 23.2.2025 at about 12:00 p.m. was going with her on a motorcycle for her examination on which she told him to stop for getting relevant documents and stationery. He saw her going towards a book stall after which he saw that the applicant alluring her and enticing her away. He tried to stop but by then they disappeared from the sight. He went to the house of the accused and told them about the incident and asked them to recover his daughter but they have given only assurance. Today when he again requested them to recover his daughter then the family members of accused/Arjun and Anjali the sister of the accused abused him and threatened him if any legal action is taken, they would murder him and his family members. 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 F.I.R. has been lodged after delay of 06 days of the incident for which there is no plausible explanation given by the informant. It is submitted that the victim in statement recorded during investigation under Section 180 B.N.S.S. stated that she went with the applicant out of her own sweet will. It is further submitted that the victim has denied any physical relationship or sexual assault on her by the applicant during investigation. It is submitted that even the medical examination of the victim does not, in any manner, show any sexual assault on her. It is argued that the applicant has no other criminal antecedents as stated in para-23 of the affidavit and is in jail since 09.3.2025. 7. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that the applicant is named in the F.I.R. and the applicant kidnapped her. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the victim in the statement recorded during investigation under Section 180 B.N.S.S. does not state of any sexual assault on her by the applicant and states of gong with the applicant out of her own sweet will. 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- Arjun Urf Arab Sisaudiya, 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.
Decision
13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 7.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad