High Court · 2025

2. Heard Sri Shalvin, learned counsel for the applicant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Prem Narayan, seeking enlargement on bail during trial in connection with Case Crime No.141 of 2022, under Section(s) 376, 506, 313 I.P.C. registered at P.S. Sumerpur, District Hamirpur.

4. The F.I.R. of the matter was lodged on 13.4.2022 by the victim against the applicant-Prem Narayan, Ravi and Jaihind Kushwaha alleging therein that her father had got settled her marriage with the applicant. On 06.12.2021 at about 01:30 P.M. the applicant came to her house who was given tea and snacks. Later on the applicant tried to establish physical relationship with her, on which she refused. He then stated that since marriage has been settled she may establish relationship either he would not marry her. On the said pretext the applicant and the victim/informant indulged in physical relationship. The victim used to talk with the applicant and other accused persons also. Later on the applicant refused to marry her. After talking to the father and brother of the applicant, marriage was reassured and then there was again physical relationship between. In the meantime, the victim got pregnant, on which the applicant gave her some medicines for aborting pregnancy to which she refused, but later on, on the asking of the applicant her pregnancy was aborted. The accused persons are threatening her and her family members.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that during pendency of investigation of the present matter, the applicant and the victim got married on 11.06.2022 and the said marriage was registered before the Marriage Registration Officer, Hamirpur, copy of the marriage certificate has been placed before the Court which is annexure no. 9 to the affidavit. It is submitted that considering the said facts and the statement of the victim the police submitted a Final Report in the matter in favour of the applicant and the other accused persons on 03.8.2022. It is submitted that subsequently the applicant and the victim were living happily as husband and wife but later relationship between them turned sour and the victim left her matrimonial house and went to her maternal house. It is submitted that later on she lodged a First Information Report as case Crime No.09 of 2024, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, against the applicant, para-25 of the affidavit has been placed before the Court for the same. It is submitted that she then filed a case being Case No. 484 of 2024, under Section 12 of the Protection of Women from Domestic Violence Act against the applicant, his parents and younger brother/Pramod Kumar, para-26 of the affidavit has been placed for the same. It is further submitted that the she further filed a case against the applicant for maintenance under Section 125 Cr.P.C., para-27 of the affidavit has been placed for the same. It is submitted that she then moved a protest petition on 23.08.2024 on which the court concerned vide order dated 27.3.2025 directed the matter to be investigated further by allowing the protest petition and rejected the final report, para- 31 of the affidavit has been placed before the Court for the same. It is submitted that the applicant thus has been made accused in the present case. It is argued that the applicant is in jail since 28.4.2025.

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

7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major married woman. Marriage between the victim and the applicant was settled and they indulged in physical relationship. Subsequently marriage was refused after which the present F.I.R. has been lodged. Then the applicant and the victim got married with each other and were living as husband and wife. Thereafter relationship between the applicant and the victim turned sour and they parted their ways. Cases of demand of dowry, Domestic Violence Act and a case for maintenance under Section 125 Cr.P.C. were initiated by the victim against the applicant and other accused persons. After marriage final report was submitted in the present matter but later on a protest petition against the same was filed on which the court concerned directed the matter to be further investigated by rejecting the said final report.

8. 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.

9. Let the applicant- Prem Narayan, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. 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.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 1.7.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Shalvin, learned counsel for the applicant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Prem Narayan, seeking enlargement on bail during trial in connection with Case Crime No.141 of 2022, under Section(s) 376, 506, 313 I.P.C. registered at P.S. Sumerpur, District Hamirpur.

4. The F.I.R. of the matter was lodged on 13.4.2022 by the victim against the applicant-Prem Narayan, Ravi and Jaihind Kushwaha alleging therein that her father had got settled her marriage with the applicant. On 06.12.2021 at about 01:30 P.M. the applicant came to her house who was given tea and snacks. Later on the applicant tried to establish physical relationship with her, on which she refused. He then stated that since marriage has been settled she may establish relationship either he would not marry her. On the said pretext the applicant and the victim/informant indulged in physical relationship. The victim used to talk with the applicant and other accused persons also. Later on the applicant refused to marry her. After talking to the father and brother of the applicant, marriage was reassured and then there was again physical relationship between. In the meantime, the victim got pregnant, on which the applicant gave her some medicines for aborting pregnancy to which she refused, but later on, on the asking of the applicant her pregnancy was aborted. The accused persons are threatening her and her family members.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that during pendency of investigation of the present matter, the applicant and the victim got married on 11.06.2022 and the said marriage was registered before the Marriage Registration Officer, Hamirpur, copy of the marriage certificate has been placed before the Court which is annexure no. 9 to the affidavit. It is submitted that considering the said facts and the statement of the victim the police submitted a Final Report in the matter in favour of the applicant and the other accused persons on 03.8.2022. It is submitted that subsequently the applicant and the victim were living happily as husband and wife but later relationship between them turned sour and the victim left her matrimonial house and went to her maternal house. It is submitted that later on she lodged a First Information Report as case Crime No.09 of 2024, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, against the applicant, para-25 of the affidavit has been placed before the Court for the same. It is submitted that she then filed a case being Case No. 484 of 2024, under Section 12 of the Protection of Women from Domestic Violence Act against the applicant, his parents and younger brother/Pramod Kumar, para-26 of the affidavit has been placed for the same. It is further submitted that the she further filed a case against the applicant for maintenance under Section 125 Cr.P.C., para-27 of the affidavit has been placed for the same. It is submitted that she then moved a protest petition on 23.08.2024 on which the court concerned vide order dated 27.3.2025 directed the matter to be investigated further by allowing the protest petition and rejected the final report, para- 31 of the affidavit has been placed before the Court for the same. It is submitted that the applicant thus has been made accused in the present case. It is argued that the applicant is in jail since 28.4.2025.

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

7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major married woman. Marriage between the victim and the applicant was settled and they indulged in physical relationship. Subsequently marriage was refused after which the present F.I.R. has been lodged. Then the applicant and the victim got married with each other and were living as husband and wife. Thereafter relationship between the applicant and the victim turned sour and they parted their ways. Cases of demand of dowry, Domestic Violence Act and a case for maintenance under Section 125 Cr.P.C. were initiated by the victim against the applicant and other accused persons. After marriage final report was submitted in the present matter but later on a protest petition against the same was filed on which the court concerned directed the matter to be further investigated by rejecting the said final report.

8. 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.

9. Let the applicant- Prem Narayan, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. 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.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 1.7.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad