High Court · 2025

2. Heard Sri Beerendra Singh Pal, learned counsel for the applicant, Sri Shakti Shanker Tiwari, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records.

3. The Vakalatnama of Sri Shakti Shanker Tiwari, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Anand, seeking enlargement on bail during trial in connection with Case Crime No. 89 of 2025, under Sections 64(2)(m), 61(2), 137(2) B.N.S. and 5/6 POCSO Act, Police Station Rasoolabad, District Kanpur Dehat.

5. The first information report of the present matter was lodged on 13.03.2025 by Smt. Rekha Devi against the applicant and 02 other unknown persons alleging therein that on 03.01.2025 at about 7 pm her daughter aged about 16 years and her grand-daughter had go to the public toilet wherein in a planned manner the applicant and 02 unknown persons came there and forcibly took her daughter in a car and went away. She searched a lot but could not trace her. Her grand-daughter told her about the incident. She gave an information at the police station. After 10 days of the incident the police called her and handed over her daughter back to her. Her daughter then told her that she was forcibly kept in Kanpur and Lucknow and raped many times. She then met higher officers and went to the police station. Her daughter has been raped and forcibly taken away. A report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the present first information report has been lodged after about 02 months & 10 days of the allegation of taking away of the victim by the applicant. It is submitted that the victim was medically examined wherein the doctor did not find any injury on her private parts. It is further submitted that the C.M.O. concerned opined the age of the victim to be about 18 years. It is submitted that thus the victim is a major girl. It is further submitted while placing the statements of the victim recorded during investigation that she was taken to Kanpur and then to Lucknow wherein she was kept in a hotel but she did not raise any objection or opposed the same. It is submitted that hotel being a public place was even one of the places where she was kept for some days. It is submitted that charge-sheet dated 18.04.2025 has been submitted against the applicant. It is further submitted while placing paragraph 21 of the affidavit that as a matter of fact the applicant and the victim were in love with each other but when the applicant solemnized marriage with another girl then being annoyed the informant and the victim created a false and frivolous story and lodged the present first information report. The applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 14.03.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the first information report and in the statements of the victim recorded during investigation. It is submitted that the applicant has been alleged to have raped the victim after taking her away in a car. It is submitted that as such the prayer for bail be rejected.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the medical examination of the victim shows her age to be about 18 years. The first information report has been lodged after 02 months & 10 days of the alleged taking away of the victim by the applicant. The victim travelled to two cities and even stayed in a hotel in one city for some days but there does not appear to be any opposition or resistance by her.

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- Anand, 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.

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. Order Date :- 1.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. Heard Sri Beerendra Singh Pal, learned counsel for the applicant, Sri Shakti Shanker Tiwari, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records.

3. The Vakalatnama of Sri Shakti Shanker Tiwari, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Anand, seeking enlargement on bail during trial in connection with Case Crime No. 89 of 2025, under Sections 64(2)(m), 61(2), 137(2) B.N.S. and 5/6 POCSO Act, Police Station Rasoolabad, District Kanpur Dehat.

5. The first information report of the present matter was lodged on 13.03.2025 by Smt. Rekha Devi against the applicant and 02 other unknown persons alleging therein that on 03.01.2025 at about 7 pm her daughter aged about 16 years and her grand-daughter had go to the public toilet wherein in a planned manner the applicant and 02 unknown persons came there and forcibly took her daughter in a car and went away. She searched a lot but could not trace her. Her grand-daughter told her about the incident. She gave an information at the police station. After 10 days of the incident the police called her and handed over her daughter back to her. Her daughter then told her that she was forcibly kept in Kanpur and Lucknow and raped many times. She then met higher officers and went to the police station. Her daughter has been raped and forcibly taken away. A report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the present first information report has been lodged after about 02 months & 10 days of the allegation of taking away of the victim by the applicant. It is submitted that the victim was medically examined wherein the doctor did not find any injury on her private parts. It is further submitted that the C.M.O. concerned opined the age of the victim to be about 18 years. It is submitted that thus the victim is a major girl. It is further submitted while placing the statements of the victim recorded during investigation that she was taken to Kanpur and then to Lucknow wherein she was kept in a hotel but she did not raise any objection or opposed the same. It is submitted that hotel being a public place was even one of the places where she was kept for some days. It is submitted that charge-sheet dated 18.04.2025 has been submitted against the applicant. It is further submitted while placing paragraph 21 of the affidavit that as a matter of fact the applicant and the victim were in love with each other but when the applicant solemnized marriage with another girl then being annoyed the informant and the victim created a false and frivolous story and lodged the present first information report. The applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 14.03.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the first information report and in the statements of the victim recorded during investigation. It is submitted that the applicant has been alleged to have raped the victim after taking her away in a car. It is submitted that as such the prayer for bail be rejected.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the medical examination of the victim shows her age to be about 18 years. The first information report has been lodged after 02 months & 10 days of the alleged taking away of the victim by the applicant. The victim travelled to two cities and even stayed in a hotel in one city for some days but there does not appear to be any opposition or resistance by her.

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- Anand, 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.

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. Order Date :- 1.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad High Court of Judicature at Allahabad