High Court
Case Details
Neutral Citation No. - 2025:AHC:101528 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21500 of 2025 Applicant :- Baburam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.,Ram Babu Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Anchal Kumar Singh, Advocate, holding brief of Sri Ashish Kumar Singh, learned counsel for the applicant, Sri Ram Babu, learned counsel for the first informant, Sri Bade Lal Bind, learned AGA for the State and perused the material on record. 3. Despite name of Sri Ram Babu being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Baburam, seeking enlargement on bail during trial in connection with Case Crime No. 288 of 2024, under Sections 87, 137(2), 64, 127(2) B.N.S. and 3/4 Protection of Children From Sexual Offences Act, 2012, registered at P.S. Jaria, District- Hamirpur. 5. The F.I.R. of the matter was lodged on 07.11.2024 by Chandraprakash against the applicant alleging therein that on 05.11.2024 at about 09:00 a.m. his daughter aged about 17 years had gone for study to her college from where the applicant allured her and enticed her away. She did not return back till evening, after which on search he came to know that the applicant has enticed her away. 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 as per school records is aged about 17 years and 03 months and by giving benefit of variations of two years she would be a major girl. It is submitted that during investigation the victim in her statements recorded under Sections 180 and 183 B.N.S.S., 2023 has stated of going with the applicant out of her own sweet will and then staying in Maharashtra where they solemnized marriage in a temple on 08.11.2024 and then they were living together. After sometimes they went to Gurgaon and were living together. She further states that later she came to know that her parents have filed a case against the applicant and then they were going to police station- Jariya and while waiting for vehicle at Khedashilajeet triangle they were apprehended by the police. She further states that the applicant did not allure and entice her away and she left her house out of her own will. The applicant has not committed any wrong act with her. It is submitted that the present case is a case of consent. It is argued that the applicant has no other criminal antecedents as stated in para-15 of the affidavit and is in jail since 31.03.2025. 7. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that the applicant is named in the F.I.R. It is submitted that the victim as per school records is aged about 17 years and 03 months and thus she is a minor. 8. After having heard learned counsels for the parties and perusing the record, it is evident that it is evident that the victim as per school records is aged about 17 years and 03 months and by giving benefit of variations of two years she would be a major girl. The statement of the victim goes to show that she went with the applicant out of her own sweet will and consent and solemnized marriage and they travelled to various places in different modes and stayed in Maharashtra and Gurgaon without any objection or opposition. 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- Baburam, 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.
Decision
13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 1.7.2025 Naresh Digitally signed by :- Digitally signed by :- NARESH KUMAR NARESH KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad