High Court · 2025

2. Copy of the ossification test report of the victim produced by Sri Rupak Chaubey, learned A.G.A., is taken on record.

3. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State, and perused the material placed on record.

4. Learned A.G.A. submits that after investigation charge-sheet has been submitted against the applicant.

5. The applicant was granted interim anticipatory bail by the co- ordinate Bench of this Court vide order dated 22.05.2024. The order is quoted herein below: "1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Mahesh in Case Crime No.478 of 2023, under Sections-363, 120- B, 504, 506 I.P.C., Police Station- Mehdawal, District- Sant Kabir Nagar.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation against the applicant is that the applicant helped the accused to entice away the minor daughter of the informant. Statement of the victim recorded under sections 161 & 164 Cr.P.C. does not disclose any offence against the applicant. Investigating Officer has submitted charge-sheet against co- accused Naresh and investigation is going on against the applicant. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

4. Learned AGA has vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

5. Learned AGA has accepted notice on behalf of opposite party no.1.

6. Issue notice to opposite party no.2 returnable at an early date.

7. Learned A.G.A. is granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

8. List this case after expiry of aforesaid period before appropriate Court.

9. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant Mahesh is granted interim anticipatory bail in the aforesaid case crime number with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurize/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

10. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

6. Learned counsel for the applicant contends that pursuant to the interim order dated 22.05.2024 the applicant had furnished bail bonds before the concerned S.H.O. and had cooperated in the investigation. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. It is next contended that the victim in her statement under Sections 161 and 164 Cr.P.C. has stated that she had gone voluntarily with co- accused Naresh to Khalilabad, from Khalilabad to Lucknow and thereafter from Lucknow to Mumbai. She had married co-accused Naresh and both are living as husband and wife. It is next contended that as per the ossification test report the victim was found to be aged 20 years. At this stage there is no credible evidence to link the applicant with the offence. In case the applicant is granted anticipatory bail till the conclusion of trial, he will not misuse the said liberty.

7. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

8. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, for the reasons contained in the interim order dated 22.05.2024 and, in particular, the fact that the applicant had cooperated in the investigation; the applicant had not violated any conditions nor has misused the liberty of interim anticipatory bail; the victim in her statement under Sections 161 and 164 Cr.P.C. has stated that she had gone voluntarily with co- accused Naresh to Khalilabad, from Khalilabad to Lucknow and thereafter from Lucknow to Mumbai, and had married co-accused Naresh and both are living as husband and wife; as per the ossification test report the victim was found to be aged 20 years; no adverse material has been produced by the learned AGA, and at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

9. In the event of arrest, the applicant- Mahesh, involved in Case Crime No. 478 of 2023, under Sections 363, 120-B, 504, 506 I.P.C., Police Station Mehdawal, District Sant Kabir Nagar, be released on anticipatory bail during pendency of trial, on furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.

10. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

11. The application stands disposed of. Order Date :- 15.5.2025 SKT/- SHIVA KANT TIWARI High Court of Judicature at Allahabad

2. Copy of the ossification test report of the victim produced by Sri Rupak Chaubey, learned A.G.A., is taken on record.

3. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State, and perused the material placed on record.

4. Learned A.G.A. submits that after investigation charge-sheet has been submitted against the applicant.

5. The applicant was granted interim anticipatory bail by the co- ordinate Bench of this Court vide order dated 22.05.2024. The order is quoted herein below: "1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Mahesh in Case Crime No.478 of 2023, under Sections-363, 120- B, 504, 506 I.P.C., Police Station- Mehdawal, District- Sant Kabir Nagar.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation against the applicant is that the applicant helped the accused to entice away the minor daughter of the informant. Statement of the victim recorded under sections 161 & 164 Cr.P.C. does not disclose any offence against the applicant. Investigating Officer has submitted charge-sheet against co- accused Naresh and investigation is going on against the applicant. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

4. Learned AGA has vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

5. Learned AGA has accepted notice on behalf of opposite party no.1.

6. Issue notice to opposite party no.2 returnable at an early date.

7. Learned A.G.A. is granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

8. List this case after expiry of aforesaid period before appropriate Court.

9. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant Mahesh is granted interim anticipatory bail in the aforesaid case crime number with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurize/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

10. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

6. Learned counsel for the applicant contends that pursuant to the interim order dated 22.05.2024 the applicant had furnished bail bonds before the concerned S.H.O. and had cooperated in the investigation. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. It is next contended that the victim in her statement under Sections 161 and 164 Cr.P.C. has stated that she had gone voluntarily with co- accused Naresh to Khalilabad, from Khalilabad to Lucknow and thereafter from Lucknow to Mumbai. She had married co-accused Naresh and both are living as husband and wife. It is next contended that as per the ossification test report the victim was found to be aged 20 years. At this stage there is no credible evidence to link the applicant with the offence. In case the applicant is granted anticipatory bail till the conclusion of trial, he will not misuse the said liberty.

7. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

8. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, for the reasons contained in the interim order dated 22.05.2024 and, in particular, the fact that the applicant had cooperated in the investigation; the applicant had not violated any conditions nor has misused the liberty of interim anticipatory bail; the victim in her statement under Sections 161 and 164 Cr.P.C. has stated that she had gone voluntarily with co- accused Naresh to Khalilabad, from Khalilabad to Lucknow and thereafter from Lucknow to Mumbai, and had married co-accused Naresh and both are living as husband and wife; as per the ossification test report the victim was found to be aged 20 years; no adverse material has been produced by the learned AGA, and at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

9. In the event of arrest, the applicant- Mahesh, involved in Case Crime No. 478 of 2023, under Sections 363, 120-B, 504, 506 I.P.C., Police Station Mehdawal, District Sant Kabir Nagar, be released on anticipatory bail during pendency of trial, on furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.

10. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

11. The application stands disposed of. Order Date :- 15.5.2025 SKT/- SHIVA KANT TIWARI High Court of Judicature at Allahabad