High Court
Case Details
Neutral Citation No. - 2025:AHC:137592 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27881 of 2025 Applicant :- Raj Kumar Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- Anis Kumar Gautam,G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant, Sri Anis Kumar Gautam, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. The Vakalatnama of Sri Anis Kumar Gautam, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet about it. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Raj Kumar Kushwaha, seeking enlargement on bail during trial in connection with Case Crime No. 264 of 2025, under Sections 64(2)m, 316(2), 351(2) B.N.S. and Section 5/6 POCSO Act, Police Station Shahpur, District Gorakhpur. 5. The first information report of the present matter was lodged on 30.05.2025 by Smt. Vandana against the applicant alleging therein that since the last three years the applicant on a false promise to marry had been sexually assaulting her daughter. When she came to know of it she discussed it with Raj Kumar who then demanded money. He stated that he has photographs and video of her daughter. She did not make complaint due to social reasons and has given Rs. Ten lakhs on different dates. On 24.04.2025 again Raj Kumar came to her house and established physical relationship with her daughter and asked for money. When she came to know of it she refused giving money. Raj Kumar has refused marriage. The date of birth of her daughter is 23.05.2007. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the present case is a case of consent. It is submitted that the applicant and the victim were in relationship since the last three years. It is submitted that the victim is a major as her date of birth recorded in the High School certificate is 23.05.2007. It is submitted that the applicant and the victim are ready to marry each other, paragraph 4 of the supplementary affidavit dated 10.08.2025 has been placed before the Court. The applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 31.05.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail. 8. Learned cousnel for the first informant although is present but he did not oppose the prayer for bail and arguments of learned counsel for the applicant. He has placed short-counter affidavit dated 11.08.2025 which is already on record and submitted that the affidavit in the same is of the first informant and the victim and paragraph 5 of the same states that the applicant and the victim have decided to perform marriage but their family members were opposing it but now the family members are ready, paragraph 7 has been placed for the same. 9. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. The relationship between the applicant and the victim was continuing since the last three years. No previous complaint was made. The case of the victim, informant and the applicant is that the victim and the applicant are ready to solemnize marriage and lead their life. 10. 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. 11. Let the applicant- Raj Kumar Kushwaha, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 12. 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. 13. The bail application is allowed.
Decision
14. Pending application (s), if any, shall stand disposed of. Order Date :- 13.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad