High Court · 2025

2. Heard Sri Pankaj Bharti, learned counsel for the applicant, Sri Saurabh Kumar, learned counsel for the Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record.

3. Learned counsel for the State submits that he has received instructions in the matter for which time was sought and was allowed on 21.7.2025.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant-Faisal, seeking enlargement on bail during trial in connection with Case Crime No. 666 of 2024, under Section(s) 137(2), 137(2), 65(1) Bhartiya Nyaya Sanhita, 2023, U/Ss 3/4(2) Protection of Children From Sexual Offences Act, registered at P.S. Sardhana, District- Meerut.

5. The F.I.R. of the matter was lodged on 09.12.2024 by Smt. Abida against unknown person alleging therein that her daughter is studying in class-7th and as a routine had gone to her school on 08:15 a.m., but after about 01 hour a girl from her school came to take her copies on which she came to know that her daughter could not reach the school and then she went to the school for search where she came to know that her daughter could not reach the school. She was searched a lot but could not be traced. Her daughter is aged about 13-14 years.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that subsequently the first informant gave an application to the police stating therein that her daughter became angry after being scolded and went to the house of her relatives. She has although lodged a report but she does not want any action on the same. It is submitted that during investigation the victim states of being scolded by her father and being angry of it left the house out of her own sweet will. It is submitted that implication of the applicant in the present case is on the basis of suspicion only. It is submitted that charge sheet in the matter has been submitted against the applicant on 12.02.2025, copy of the charge sheet has been filed as annexure No. 11 to the affidavit, and as such there are no chances of the applicant tempering with the evidence or not cooperating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-24 of the affidavit and is in jail since 17.12.2024.

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

8. Learned counsel for the first informant does not dispute the arguments of learned counsel for the applicant and also does not oppose the prayer for bail. He admits the fact regarding the application being moved by the first informant before the police, copy of which is annexure no.4 to the affidavit.

9. After having heard learned counsels for the parties and perusing the record, it is evident that implication of the applicant is on the basis suspicion only. The victim was scolded by her father who left her house out of her own sweet will and went to the house of her relative, the first informant gave application to the said effect to the police. The factum of moving the application by the informant before the police regarding the said fact is not disputed and denied by learned counsel for the first informant. Charge sheet in the matter has been submitted against the applicant.

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- Faisal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant and the other should be a 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.

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.

14. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 11.8.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Pankaj Bharti, learned counsel for the applicant, Sri Saurabh Kumar, learned counsel for the Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record.

3. Learned counsel for the State submits that he has received instructions in the matter for which time was sought and was allowed on 21.7.2025.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant-Faisal, seeking enlargement on bail during trial in connection with Case Crime No. 666 of 2024, under Section(s) 137(2), 137(2), 65(1) Bhartiya Nyaya Sanhita, 2023, U/Ss 3/4(2) Protection of Children From Sexual Offences Act, registered at P.S. Sardhana, District- Meerut.

5. The F.I.R. of the matter was lodged on 09.12.2024 by Smt. Abida against unknown person alleging therein that her daughter is studying in class-7th and as a routine had gone to her school on 08:15 a.m., but after about 01 hour a girl from her school came to take her copies on which she came to know that her daughter could not reach the school and then she went to the school for search where she came to know that her daughter could not reach the school. She was searched a lot but could not be traced. Her daughter is aged about 13-14 years.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that subsequently the first informant gave an application to the police stating therein that her daughter became angry after being scolded and went to the house of her relatives. She has although lodged a report but she does not want any action on the same. It is submitted that during investigation the victim states of being scolded by her father and being angry of it left the house out of her own sweet will. It is submitted that implication of the applicant in the present case is on the basis of suspicion only. It is submitted that charge sheet in the matter has been submitted against the applicant on 12.02.2025, copy of the charge sheet has been filed as annexure No. 11 to the affidavit, and as such there are no chances of the applicant tempering with the evidence or not cooperating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-24 of the affidavit and is in jail since 17.12.2024.

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

8. Learned counsel for the first informant does not dispute the arguments of learned counsel for the applicant and also does not oppose the prayer for bail. He admits the fact regarding the application being moved by the first informant before the police, copy of which is annexure no.4 to the affidavit.

9. After having heard learned counsels for the parties and perusing the record, it is evident that implication of the applicant is on the basis suspicion only. The victim was scolded by her father who left her house out of her own sweet will and went to the house of her relative, the first informant gave application to the said effect to the police. The factum of moving the application by the informant before the police regarding the said fact is not disputed and denied by learned counsel for the first informant. Charge sheet in the matter has been submitted against the applicant.

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- Faisal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant and the other should be a 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.

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.

14. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 11.8.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad