High Court · 2025

2. Heard Sri Ratnendu Kumar Singh, learned counsel for the applicant, Sri Ram Prakash Shukla, learned AGA for the State and perused the material on record.

3. Notice was issued to the opposite party no. 4 vide order dated 24.6.2025. Office vide its report dated 05.8.2025 reported that notice has been served personally on the opposite party no. 4 as per the report of C.J.M. concerned which is dated 19.7.2025. Despite service no one appears on her behalf even in the revised list. Service of notice is thus sufficient.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Nitin Alias Bholu, seeking enlargement on bail during trial in connection with Case Crime No. 143 of 2025, under Sections 137(2), 87, 64(1) B.N.S. and 3/4 POCSO Act, P.S. Gagha, District- Gorakhpur.

5. The F.I.R. of the matter was lodged on 13.03.2025 by Anil Sahni against the applicant alleging therein that in the night of 12.03.2025 his daughter aged about 17 years has been allured and enticed away by the applicant. Box of jewellery has been broken and ornaments have also been taken away by her. She was searched a lot but could not be traced.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. states that she knows the applicant since 04 years and they were in love with each. Her father on coming to know about it, assaulted her and abused her. She went with the applicant to Pune and solemnized marriage and were living as husband and wife. It is submitted that the victim has refused her medical examination externally or internally. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. has stated that the applicant took her to Pune but they did not marry and no physical relationship was established between them. It is submitted that the prosecution version goes to show that she left her house out of he own sweet will. It is submitted while placing para-17 of the affidavit that charge sheet has been submitted on 26.4.2025 against the applicant and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-21 of the affidavit and is in jail since 10.4.2025.

7. Per contra, learned State counsel opposed the prayer for bail.

8. After having heard learned counsels for the parties and perusing the record, it is evident that the statement of the victim recorded during investigation is inconsistent and there are serious changes in the same. Investigation in the matter has concluded and charge sheet has been submitted against the applicant.

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- Nitin Alias Bholu, 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.

13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 6.8.2025 Naresh NARESH KUMAR NARESH KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. Heard Sri Ratnendu Kumar Singh, learned counsel for the applicant, Sri Ram Prakash Shukla, learned AGA for the State and perused the material on record.

3. Notice was issued to the opposite party no. 4 vide order dated 24.6.2025. Office vide its report dated 05.8.2025 reported that notice has been served personally on the opposite party no. 4 as per the report of C.J.M. concerned which is dated 19.7.2025. Despite service no one appears on her behalf even in the revised list. Service of notice is thus sufficient.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Nitin Alias Bholu, seeking enlargement on bail during trial in connection with Case Crime No. 143 of 2025, under Sections 137(2), 87, 64(1) B.N.S. and 3/4 POCSO Act, P.S. Gagha, District- Gorakhpur.

5. The F.I.R. of the matter was lodged on 13.03.2025 by Anil Sahni against the applicant alleging therein that in the night of 12.03.2025 his daughter aged about 17 years has been allured and enticed away by the applicant. Box of jewellery has been broken and ornaments have also been taken away by her. She was searched a lot but could not be traced.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. states that she knows the applicant since 04 years and they were in love with each. Her father on coming to know about it, assaulted her and abused her. She went with the applicant to Pune and solemnized marriage and were living as husband and wife. It is submitted that the victim has refused her medical examination externally or internally. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. has stated that the applicant took her to Pune but they did not marry and no physical relationship was established between them. It is submitted that the prosecution version goes to show that she left her house out of he own sweet will. It is submitted while placing para-17 of the affidavit that charge sheet has been submitted on 26.4.2025 against the applicant and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-21 of the affidavit and is in jail since 10.4.2025.

7. Per contra, learned State counsel opposed the prayer for bail.

8. After having heard learned counsels for the parties and perusing the record, it is evident that the statement of the victim recorded during investigation is inconsistent and there are serious changes in the same. Investigation in the matter has concluded and charge sheet has been submitted against the applicant.

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- Nitin Alias Bholu, 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.

13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 6.8.2025 Naresh NARESH KUMAR NARESH KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad