High Court · 2025

2. Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant, Sri Rahul Singh Tomar, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. Office to trace out the vakalatnama of Sri Rahul Singh Tomar and place it on record and make a note in the order sheet about it.

4. Learned counsel for the State submits that he has received instructions for which time was prayed for vide order dated 30.05.2025 by a co-ordinate Bench of this Court. The Court thus proceeds to hear the matter.

5. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Maroof, seeking enlargement on bail during trial in connection with Case Crime No. 172 of 2025, under Sections 137(2), 65(1) BNS, 2023 and Section 3/4 POCSO Act, registered at Police Station Baghpat, District Baghpat.

6. The FIR of the matter was lodged on 04.04.2025 by Haroon against the applicant alleging therein that his daughter aged about 15 years went from the house without informing anyone on 04.04.2025 at about 03:00 am. In the morning when she was not seen in the house she was searched but could not be traced. Later on, it came to be known that the applicant is also absconding from the village. There is a suspicion that the applicant has taken away his daughter. Report be lodged and action be taken.

7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim during investigation has stated that she went with the applicant out of her own sweet will and they travelled to various places through various modes in different Districts and different States without any objection or resistance. It is submitted that the age of the victim was opined as between 15-16 years after ossification test. It is submitted that by giving benefit of variation of two years in the age, the victim would be a major. It is submitted that the applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 13.04.2025.

8. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that as per the report of ossification test, the victim is a minor girl.

9. After having heard learned counsels for the parties and perusing the records, it is evident that as per ossification report, the victim was opined to be about 15-16 years and by giving benefit of variation of two years, she would be a major. The victim states of going with the applicant out of her own sweet will and they were travelling through various modes in different District and different States without any objection or resistance.

10. 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.

11. Let the applicant Maroof, 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.

12. 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.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. Order Date :- 21.7.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant, Sri Rahul Singh Tomar, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. Office to trace out the vakalatnama of Sri Rahul Singh Tomar and place it on record and make a note in the order sheet about it.

4. Learned counsel for the State submits that he has received instructions for which time was prayed for vide order dated 30.05.2025 by a co-ordinate Bench of this Court. The Court thus proceeds to hear the matter.

5. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Maroof, seeking enlargement on bail during trial in connection with Case Crime No. 172 of 2025, under Sections 137(2), 65(1) BNS, 2023 and Section 3/4 POCSO Act, registered at Police Station Baghpat, District Baghpat.

6. The FIR of the matter was lodged on 04.04.2025 by Haroon against the applicant alleging therein that his daughter aged about 15 years went from the house without informing anyone on 04.04.2025 at about 03:00 am. In the morning when she was not seen in the house she was searched but could not be traced. Later on, it came to be known that the applicant is also absconding from the village. There is a suspicion that the applicant has taken away his daughter. Report be lodged and action be taken.

7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim during investigation has stated that she went with the applicant out of her own sweet will and they travelled to various places through various modes in different Districts and different States without any objection or resistance. It is submitted that the age of the victim was opined as between 15-16 years after ossification test. It is submitted that by giving benefit of variation of two years in the age, the victim would be a major. It is submitted that the applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 13.04.2025.

8. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that as per the report of ossification test, the victim is a minor girl.

9. After having heard learned counsels for the parties and perusing the records, it is evident that as per ossification report, the victim was opined to be about 15-16 years and by giving benefit of variation of two years, she would be a major. The victim states of going with the applicant out of her own sweet will and they were travelling through various modes in different District and different States without any objection or resistance.

10. 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.

11. Let the applicant Maroof, 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.

12. 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.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. Order Date :- 21.7.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad