Sachin Alias Ajay Kumar Harijan v. Party

2. Heard Sri Rayoof Ali, learned counsel for the applicant, Sri Sandeep Kumar Yadav, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I 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 Sachin @ Ajay Kumar Harijan, seeking enlargement on bail during trial in connection with Case Crime No. 0021 of 2025, under Sections 87, 137(2), 64(2)M BNS and Section 5L/6 POCSO Act, registered at Police Station Mahuli, District Sant Kabir Nagar.

4. The FIR of the matter was lodged on 20.01.2025 by Sanjay Kumar against the holder of a mobile by giving its number alleging therein that on 15.1.2025 at about 10:00 pm his daughter aged about 14-15 years went to sleep. At about 05:00 am when he woke up he did not find her on the bed. She was searched a lot but could not be traced. He found a mobile number mentioned in her diary. He has a suspicion that the owner of the mobile has lured and enticed away his daughter. 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 was subsequently recovered on 15.07.2025 and her statements were recorded during investigation in which she states that she went with the applicant, solemnized marriage and they were living as husband and wife. It is submitted that the age of the victim was opined as above 19 years as per radiologist and thus she is a major. It is submitted that the present case is a case of consent. It is submitted that the applicant has married the victim and the victim is living in the applicant's house at Nepal, para 16 and 18 of the affidavit have been placed before the Court. It is submitted that the 2 BAIL No. 27886 of 2025 applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 16.07.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant although opposed the prayer for bail but could not dispute the arguments as aforesaid.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major girl. She has solemnized marriage with the applicant. She is living in Nepal at the house of the applicant. The applicant is a resident of Nepal. The present case appears to be a case of consent.

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 Sachin @ Ajay Kumar Harijan, 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 3 BAIL No. 27886 of 2025 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.

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.

13. The Court concerned shall intimate the Embassy of Nepal about this order and after getting response from the Embassy and their assurance to ensure that if the applicant goes back to Nepal he shall be appearing in the trial on every date order his release so that he does not flee the course of justice. September 4, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Rayoof Ali, learned counsel for the applicant, Sri Sandeep Kumar Yadav, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I 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 Sachin @ Ajay Kumar Harijan, seeking enlargement on bail during trial in connection with Case Crime No. 0021 of 2025, under Sections 87, 137(2), 64(2)M BNS and Section 5L/6 POCSO Act, registered at Police Station Mahuli, District Sant Kabir Nagar.

4. The FIR of the matter was lodged on 20.01.2025 by Sanjay Kumar against the holder of a mobile by giving its number alleging therein that on 15.1.2025 at about 10:00 pm his daughter aged about 14-15 years went to sleep. At about 05:00 am when he woke up he did not find her on the bed. She was searched a lot but could not be traced. He found a mobile number mentioned in her diary. He has a suspicion that the owner of the mobile has lured and enticed away his daughter. 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 was subsequently recovered on 15.07.2025 and her statements were recorded during investigation in which she states that she went with the applicant, solemnized marriage and they were living as husband and wife. It is submitted that the age of the victim was opined as above 19 years as per radiologist and thus she is a major. It is submitted that the present case is a case of consent. It is submitted that the applicant has married the victim and the victim is living in the applicant's house at Nepal, para 16 and 18 of the affidavit have been placed before the Court. It is submitted that the 2 BAIL No. 27886 of 2025 applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 16.07.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant although opposed the prayer for bail but could not dispute the arguments as aforesaid.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major girl. She has solemnized marriage with the applicant. She is living in Nepal at the house of the applicant. The applicant is a resident of Nepal. The present case appears to be a case of consent.

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 Sachin @ Ajay Kumar Harijan, 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 3 BAIL No. 27886 of 2025 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.

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.

13. The Court concerned shall intimate the Embassy of Nepal about this order and after getting response from the Embassy and their assurance to ensure that if the applicant goes back to Nepal he shall be appearing in the trial on every date order his release so that he does not flee the course of justice. September 4, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad