State of U.P v. Party

2. Heard Sri Chandra Bhushan Yadav, learned counsel for the applicant, Sri Ranu Jaiswal, Advocate holding brief of Sri Shashi Shekhar Maurya, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Dharamveer Nishad, seeking enlargement on bail during trial in connection with Case Crime No. 490 of 2024, under I.P.C., Police Station Ramgarhtaal, District Sections 376(2)N Gorakhpur.

4. The first information report of the present matter was lodged on 29.08.2024 by the victim against the applicant alleging therein that she is aged about 28 years and less educated. Since last 08 years she is knowing the applicant and is in love with him. Around 04 years back he enticed her away and they were living in a house where physical relationship was established between them as husband and wife. The money which she had earned was taken by him. Whenever she used to ask him to marry he stated that he would first get his sister married and then would marry her. Since 28.06.2024 the applicant stopped coming to the said place and blocked her number 2 BAIL No. 21986 of 2025 on his mobile. She then on 07.07.2024 gave information at the concerned police station. Later on, on 16.07.2024 he came to the house and while stating of marrying her got her signatures on blank papers. He also returned Rs. Two lakhs to her which was taken by him. Since 17.07.2024 she is not able to talk to him. She gave an information to the S.S.P., Gorakhpur about it but no action was taken. A report be lodged and action be taken.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman. It is submitted that the relationship between the applicant and the victim was since last 08 years. They were living together since 04 years in a house. It is submitted that the victim is a married woman and has a child but was living separately since 2015 without even getting her divorce from her husband. It is submitted that the relationship between the applicant and the victim was a consensual relationship on some discussion of marriage which could not materialize. While placing paragraph 16 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. While placing paragraph 16 of the affidavit it is submitted that the applicant was previously involved in one other case but the same has been decided on the basis of compromise between the applicant and the first informant therein. The applicant is in jail since 23.05.2025.

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

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a married woman. She was in love with the applicant since last 08 years and was living with him in a house since last 04 years. There some discussion of marriage between the applicant and the victim which could not materialize. The money taken by the applicant from her has been returned by him.

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. 3 BAIL No. 21986 of 2025

9. Let the applicant- Dharamveer Nishad, 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 4 BAIL No. 21986 of 2025 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. September 16, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Chandra Bhushan Yadav, learned counsel for the applicant, Sri Ranu Jaiswal, Advocate holding brief of Sri Shashi Shekhar Maurya, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Dharamveer Nishad, seeking enlargement on bail during trial in connection with Case Crime No. 490 of 2024, under I.P.C., Police Station Ramgarhtaal, District Sections 376(2)N Gorakhpur.

4. The first information report of the present matter was lodged on 29.08.2024 by the victim against the applicant alleging therein that she is aged about 28 years and less educated. Since last 08 years she is knowing the applicant and is in love with him. Around 04 years back he enticed her away and they were living in a house where physical relationship was established between them as husband and wife. The money which she had earned was taken by him. Whenever she used to ask him to marry he stated that he would first get his sister married and then would marry her. Since 28.06.2024 the applicant stopped coming to the said place and blocked her number 2 BAIL No. 21986 of 2025 on his mobile. She then on 07.07.2024 gave information at the concerned police station. Later on, on 16.07.2024 he came to the house and while stating of marrying her got her signatures on blank papers. He also returned Rs. Two lakhs to her which was taken by him. Since 17.07.2024 she is not able to talk to him. She gave an information to the S.S.P., Gorakhpur about it but no action was taken. A report be lodged and action be taken.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman. It is submitted that the relationship between the applicant and the victim was since last 08 years. They were living together since 04 years in a house. It is submitted that the victim is a married woman and has a child but was living separately since 2015 without even getting her divorce from her husband. It is submitted that the relationship between the applicant and the victim was a consensual relationship on some discussion of marriage which could not materialize. While placing paragraph 16 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. While placing paragraph 16 of the affidavit it is submitted that the applicant was previously involved in one other case but the same has been decided on the basis of compromise between the applicant and the first informant therein. The applicant is in jail since 23.05.2025.

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

7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a married woman. She was in love with the applicant since last 08 years and was living with him in a house since last 04 years. There some discussion of marriage between the applicant and the victim which could not materialize. The money taken by the applicant from her has been returned by him.

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. 3 BAIL No. 21986 of 2025

9. Let the applicant- Dharamveer Nishad, 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 4 BAIL No. 21986 of 2025 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. September 16, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad