High Court · 2025

2. Heard Sri Shyam Shankar Mishra, learned counsel for the applicant, Sri Kaushlendra Pandey, learned counsel for the first informant/O.P. No.4 and Sri Bade Lal Bind, learned counsel for the State/O.P. No.1 and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Chandan Ram, seeking enlargement on bail during trial in connection with Case Crime No. 0260 of 2024, under Sections 137(2), 87, 64 BNS and Section 3/4, 5J(ii)/6 POCSO Act, registered at Police Station Tarva, District Azamgarh.

4. The FIR of the matter was lodged on 07.09.2024 by Sarvajeet Ram against the applicant alleging therein that on 02.09.2024 at about 08:30 am his daughter aged about 17 years has been lured and enticed away by the applicant. She was searched but could not be traced. 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 in her statement recorded during investigation has stated that she used to talk to the applicant since last four years and she went with him out of her own sweet will and they solemnized marriage and were living as husband and wife. It is submitted that the present case is a case of consent. It is submitted while placing para 19 and 20 of the affidavit that the victim and the applicant were living together as husband and wife and from the relationship a child has been born who is aged about 3 months. It is submitted that the parties have also entered into a compromise which has been drawn and writing, para 21 of the affidavit has been placed before the Court. It is submitted while placing para 22 of the affidavit that charge sheet has been submitted. It is submitted that the applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 05.10.2024.

6. Learned counsel for the first informant/O.P. No.4 although is present but he does not oppose the argument and prayer for bail of the applicant and submitted that the victim is living in the house of the applicant as his wife and a child has been born from the relationship with the applicant. It is submitted that the parties have entered into a compromise.

7. Learned counsel for the State opposed the prayer for bail.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim went with the applicant out of her own sweet will, they solemnized marriage and were living as husband and wife. A child has been born from the relationship with the applicant. The applicant is living in the house of the applicant as his wife. The said fact is not disputed by learned counsel for the first informant. The investigation in the matter has concluded and a 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 Chandan Ram, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) 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.

13. Pending application(s), if any, shall stand disposed of. Order Date :- 1.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Shyam Shankar Mishra, learned counsel for the applicant, Sri Kaushlendra Pandey, learned counsel for the first informant/O.P. No.4 and Sri Bade Lal Bind, learned counsel for the State/O.P. No.1 and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Chandan Ram, seeking enlargement on bail during trial in connection with Case Crime No. 0260 of 2024, under Sections 137(2), 87, 64 BNS and Section 3/4, 5J(ii)/6 POCSO Act, registered at Police Station Tarva, District Azamgarh.

4. The FIR of the matter was lodged on 07.09.2024 by Sarvajeet Ram against the applicant alleging therein that on 02.09.2024 at about 08:30 am his daughter aged about 17 years has been lured and enticed away by the applicant. She was searched but could not be traced. 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 in her statement recorded during investigation has stated that she used to talk to the applicant since last four years and she went with him out of her own sweet will and they solemnized marriage and were living as husband and wife. It is submitted that the present case is a case of consent. It is submitted while placing para 19 and 20 of the affidavit that the victim and the applicant were living together as husband and wife and from the relationship a child has been born who is aged about 3 months. It is submitted that the parties have also entered into a compromise which has been drawn and writing, para 21 of the affidavit has been placed before the Court. It is submitted while placing para 22 of the affidavit that charge sheet has been submitted. It is submitted that the applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 05.10.2024.

6. Learned counsel for the first informant/O.P. No.4 although is present but he does not oppose the argument and prayer for bail of the applicant and submitted that the victim is living in the house of the applicant as his wife and a child has been born from the relationship with the applicant. It is submitted that the parties have entered into a compromise.

7. Learned counsel for the State opposed the prayer for bail.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim went with the applicant out of her own sweet will, they solemnized marriage and were living as husband and wife. A child has been born from the relationship with the applicant. The applicant is living in the house of the applicant as his wife. The said fact is not disputed by learned counsel for the first informant. The investigation in the matter has concluded and a 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 Chandan Ram, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) 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.

13. Pending application(s), if any, shall stand disposed of. Order Date :- 1.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad