High Court · 2025

2. Heard Sri Brij Raj, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant- Banti Rajput, seeking enlargement on bail during trial in connection with Case Crime No.279/2024, under Sections 376, 366, 323 IPC, Section 5/6 POCSO Act, 2012 and Section 9/10 Child Marriage Prohibition Act, 2006, P.S. Phulpur, District Prayagraj.

4. Notice was issued to the first informant/opposite party nos.2 vide order dated 18.6.2025. As per office report dated 17.7.2025, notice has been served upon the first informant/opposite party no.2 personally but no one appears on his behalf even when the matter is taken up in the revised list despite service of notice. On the last occasion i.e. on 21.7.2025, awaiting response to the said notice, the matter was adjourned and following order was passed:- "1. List revised.

2. Sri Brij Raj, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A for the State are present.

3. Notice was issued to the Opp. Party No.2 vide order dated 18.6.2025. As per office report dated 17.7.2025, report of C.J.M, Prayagraj has been received stating therein that notice has been served on the opposite party no.2 personally, it is only six days awaiting response.

4. In the interest of justice awaiting response to the said notice, the matter is adjourned for today.

5. Let the matter be listed on 11.8.2025 as fresh."

5. The FIR of the matter was lodged on 5.9.2024 by the victim against the applicant and her family members alleging therein that she is aged about 14 years. Her family members used to trouble her. They got her married on 3.1.2024 against her wishes with Banty Rajput in Allahabad. Banty took her to her matrimonial house at Jhansi where he established physical relationship forcibly. Then they shifted to Batla House, Delhi with regards to work where she was beaten and assaulted. Her husband used to trouble and torture her.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that as per school records and medical examination the victim is aged about 16 years. The present dispute is matrimonial in nature. It is further argued that the applicant is the husband of the victim and entire allegations in the FIR are false and concocted just in order to falsely implicate and harass the applicant. While placing annexure no.2 being photographs of marriage of the victim and the applicant, it has been argued that the victim was very happy during marriage but after marriage there was some matrimonial discord on account of which present FIR has been lodged. Although there are allegations against the father-in-law, mother-in-law and nanad of the victim but they have not been made as accused in the present matter but only the applicant has been made as an accused. Even parents of the victim have not been made accused in the matter. It has also been pointed out that the applicant is not having any criminal history as stated in para 30 of the affidavit. The applicant is in jail since 16.4.2025.

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

8. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the husband of the victim/first informant. The dispute appears to be matrimonial in nature. The marriage of the victim was solemnized with the applicant on 3.1.2024 after which present FIR has been lodged after about eight months.

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-Banti Rajput, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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 :- 11.8.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Brij Raj, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant- Banti Rajput, seeking enlargement on bail during trial in connection with Case Crime No.279/2024, under Sections 376, 366, 323 IPC, Section 5/6 POCSO Act, 2012 and Section 9/10 Child Marriage Prohibition Act, 2006, P.S. Phulpur, District Prayagraj.

4. Notice was issued to the first informant/opposite party nos.2 vide order dated 18.6.2025. As per office report dated 17.7.2025, notice has been served upon the first informant/opposite party no.2 personally but no one appears on his behalf even when the matter is taken up in the revised list despite service of notice. On the last occasion i.e. on 21.7.2025, awaiting response to the said notice, the matter was adjourned and following order was passed:- "1. List revised.

2. Sri Brij Raj, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A for the State are present.

3. Notice was issued to the Opp. Party No.2 vide order dated 18.6.2025. As per office report dated 17.7.2025, report of C.J.M, Prayagraj has been received stating therein that notice has been served on the opposite party no.2 personally, it is only six days awaiting response.

4. In the interest of justice awaiting response to the said notice, the matter is adjourned for today.

5. Let the matter be listed on 11.8.2025 as fresh."

5. The FIR of the matter was lodged on 5.9.2024 by the victim against the applicant and her family members alleging therein that she is aged about 14 years. Her family members used to trouble her. They got her married on 3.1.2024 against her wishes with Banty Rajput in Allahabad. Banty took her to her matrimonial house at Jhansi where he established physical relationship forcibly. Then they shifted to Batla House, Delhi with regards to work where she was beaten and assaulted. Her husband used to trouble and torture her.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that as per school records and medical examination the victim is aged about 16 years. The present dispute is matrimonial in nature. It is further argued that the applicant is the husband of the victim and entire allegations in the FIR are false and concocted just in order to falsely implicate and harass the applicant. While placing annexure no.2 being photographs of marriage of the victim and the applicant, it has been argued that the victim was very happy during marriage but after marriage there was some matrimonial discord on account of which present FIR has been lodged. Although there are allegations against the father-in-law, mother-in-law and nanad of the victim but they have not been made as accused in the present matter but only the applicant has been made as an accused. Even parents of the victim have not been made accused in the matter. It has also been pointed out that the applicant is not having any criminal history as stated in para 30 of the affidavit. The applicant is in jail since 16.4.2025.

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

8. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the husband of the victim/first informant. The dispute appears to be matrimonial in nature. The marriage of the victim was solemnized with the applicant on 3.1.2024 after which present FIR has been lodged after about eight months.

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-Banti Rajput, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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 :- 11.8.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad