High Court · 2025

2. Heard Sri Brijesh Kumar Pandey, Advocate holding brief of Sri Nirbhay Singh, learned counsel for the applicant, Sri Yogesh Mishra, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records.

3. The Vakalatnama of Sri Yogesh Mishra, 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- Gaurav Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 110 of 2025, under Sections 87, 137(2), 351(3), 64 B.N.S. and Section 3/4 POCSO Act, Police Station Patiyali, District Kasganj.

5. The first information report of the present matter was lodged on 24.02.2025 by Netrapal against the applicant, Vijay Singh and Asha Devi alleging therein that on 24.02.2025 at about 1 am the applicant took away his daughter aged about 17 years by alluring her. She took away Rs. 2 lakhs, 01 gold ornament and 02 rings with her. When he went to the house of the applicant the other accused persons threatened him with licensed weapon. They are instrumental in the present incident. 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 victim was recovered and her statements under Section 180 B.N.S.S. and Section 183 B.NS.S. were recorded. It is submitted that in the statement of the victim recorded under Section 180 B.N.S.S. she states of going from the house on her own to the house of the applicant and then told him to go with her which was earlier refused by him and then he went with her. It is submitted that subsequently in the statement of the victim recorded under Section 183 B.N.S.S. she gives a totally different version and states of the applicant threatening her with a country-made pistol and telling her to bring money and ornaments from the house or else he would murder her family members on which she brought it and then he took her away. It is submitted that the same are thus not trustworthy and are in sharp contrast with each other. It is submitted that the C.M.O. concerned conducting the medical examination of the victim opined her age to be about 19 years and thus she is a major. It is submitted that the investigation in the matter has concluded and a charge-sheet dated 18.04.2025 has been submitted against the applicant only whereas the other two co-accused namely Vijay Singh and Asha Devi have been exonerated and their names have been mentioned in column 12 of the charge-sheet in the list of accused not charge- sheeted. It is further submitted while placing paragraph 22 & 24 of the affidavit that the applicant was previously involved in a case but he has been acquitted of the charges levelled against him vide order dated 06.09.2022 and now he is not involved in any other case. The applicant is in jail since 24.03.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the victim in her statement recorded under Section 183 B.N.S.S. has assigned the role of the applicant threatening her with country-made pistol and then telling her to bring money and jewellery from the house which she brought and then taking her away and committing rape upon her. It is submitted that the applicant is named in the first information report and has also been assigned the role of committing rape. It is submitted that the prayer for bail be rejected.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim as per the certificate of the C.M.O. concerned is aged about 19 years. There is sharp contrast in the statements of the victim recorded during investigation. The victim took away cash and jewellery from the house while going away.

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- Gaurav Kumar, 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 Brijesh Kumar Pandey, Advocate holding brief of Sri Nirbhay Singh, learned counsel for the applicant, Sri Yogesh Mishra, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records.

3. The Vakalatnama of Sri Yogesh Mishra, 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- Gaurav Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 110 of 2025, under Sections 87, 137(2), 351(3), 64 B.N.S. and Section 3/4 POCSO Act, Police Station Patiyali, District Kasganj.

5. The first information report of the present matter was lodged on 24.02.2025 by Netrapal against the applicant, Vijay Singh and Asha Devi alleging therein that on 24.02.2025 at about 1 am the applicant took away his daughter aged about 17 years by alluring her. She took away Rs. 2 lakhs, 01 gold ornament and 02 rings with her. When he went to the house of the applicant the other accused persons threatened him with licensed weapon. They are instrumental in the present incident. 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 victim was recovered and her statements under Section 180 B.N.S.S. and Section 183 B.NS.S. were recorded. It is submitted that in the statement of the victim recorded under Section 180 B.N.S.S. she states of going from the house on her own to the house of the applicant and then told him to go with her which was earlier refused by him and then he went with her. It is submitted that subsequently in the statement of the victim recorded under Section 183 B.N.S.S. she gives a totally different version and states of the applicant threatening her with a country-made pistol and telling her to bring money and ornaments from the house or else he would murder her family members on which she brought it and then he took her away. It is submitted that the same are thus not trustworthy and are in sharp contrast with each other. It is submitted that the C.M.O. concerned conducting the medical examination of the victim opined her age to be about 19 years and thus she is a major. It is submitted that the investigation in the matter has concluded and a charge-sheet dated 18.04.2025 has been submitted against the applicant only whereas the other two co-accused namely Vijay Singh and Asha Devi have been exonerated and their names have been mentioned in column 12 of the charge-sheet in the list of accused not charge- sheeted. It is further submitted while placing paragraph 22 & 24 of the affidavit that the applicant was previously involved in a case but he has been acquitted of the charges levelled against him vide order dated 06.09.2022 and now he is not involved in any other case. The applicant is in jail since 24.03.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the victim in her statement recorded under Section 183 B.N.S.S. has assigned the role of the applicant threatening her with country-made pistol and then telling her to bring money and jewellery from the house which she brought and then taking her away and committing rape upon her. It is submitted that the applicant is named in the first information report and has also been assigned the role of committing rape. It is submitted that the prayer for bail be rejected.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim as per the certificate of the C.M.O. concerned is aged about 19 years. There is sharp contrast in the statements of the victim recorded during investigation. The victim took away cash and jewellery from the house while going away.

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- Gaurav Kumar, 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