High Court · 2025

2. Heard Sri Pavan Kumar, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. Vide order dated 19.06.2025 notice was issued to the opposite party no.2 / informant. As per the office report dated 07.07.2025 a report regarding service of notice has been received. The report dated 05.07.2025 of the Chief Judicial Magistrate, Bijnor is on record which states that notice has been served on the opposite party no.2. Despite service of notice, no one appears on behalf of the opposite party no.2.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ansab, seeking enlargement on bail during trial in connection with Case Crime No. 49 of 2025, under Sections 137(2), 87, 64(1) B.N.S. and Section 3/4 POCSO Act, Police Station Mandawar, District Bijnor.

5. The first information report of the present matter was lodged on 23.03.2025 by Smt. Reena against the applicant alleging therein that on 22.03.2025 she and her daugther aged about 17 years were returning from the house of her brother. At about 5 pm when they reached Mandawar Tiraha her daughter asked for water on which she went to bring it but did not return back. She has come to know that her daughter has been enticed away by the applicant.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the present case is a case of consent. It is submitted that the victim was not found to have received any injury either internally or externally. It is submitted that as per the medical examination the radiological age of the victim was opined to be above 18 years and below 21 years and as such she is a major. It is submitted that the victim in her statements recorded during investigation has stated of going with the applicant out of her own sweet-will. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 27.03.2025.

7. Per contra, learned counsel for the State opposed the prayer for bail and submitted the applicant is named in the first information report, statement of the victim recorded during investigation and there are allegations against him.

8. After having heard learned counsel for the parties and perusing the record, it is evident that as per the medical examination the radiological age of the victim was opined to be above 18 years and below 21 years and as such she is a major. The victim in her statements recorded during investigation has stated of going with the applicant out of her own sweet-will. The investigation in the matter has concluded and charge-sheet has been submitted.

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- Ansab, 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 :- 28.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Pavan Kumar, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. Vide order dated 19.06.2025 notice was issued to the opposite party no.2 / informant. As per the office report dated 07.07.2025 a report regarding service of notice has been received. The report dated 05.07.2025 of the Chief Judicial Magistrate, Bijnor is on record which states that notice has been served on the opposite party no.2. Despite service of notice, no one appears on behalf of the opposite party no.2.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ansab, seeking enlargement on bail during trial in connection with Case Crime No. 49 of 2025, under Sections 137(2), 87, 64(1) B.N.S. and Section 3/4 POCSO Act, Police Station Mandawar, District Bijnor.

5. The first information report of the present matter was lodged on 23.03.2025 by Smt. Reena against the applicant alleging therein that on 22.03.2025 she and her daugther aged about 17 years were returning from the house of her brother. At about 5 pm when they reached Mandawar Tiraha her daughter asked for water on which she went to bring it but did not return back. She has come to know that her daughter has been enticed away by the applicant.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the present case is a case of consent. It is submitted that the victim was not found to have received any injury either internally or externally. It is submitted that as per the medical examination the radiological age of the victim was opined to be above 18 years and below 21 years and as such she is a major. It is submitted that the victim in her statements recorded during investigation has stated of going with the applicant out of her own sweet-will. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 27.03.2025.

7. Per contra, learned counsel for the State opposed the prayer for bail and submitted the applicant is named in the first information report, statement of the victim recorded during investigation and there are allegations against him.

8. After having heard learned counsel for the parties and perusing the record, it is evident that as per the medical examination the radiological age of the victim was opined to be above 18 years and below 21 years and as such she is a major. The victim in her statements recorded during investigation has stated of going with the applicant out of her own sweet-will. The investigation in the matter has concluded and charge-sheet has been submitted.

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- Ansab, 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 :- 28.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad