State of U.P v. Party

2. Heard Sri Sanjay Kumar, learned counsel for the applicant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. Learned A.G.A. submits that he has received instructions in the matter for which time was prayed and was allowed on

25.8.2025.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Rahul Paswan@Gobar, seeking enlargement on bail during trial in connection with Case Crime No.294 of 2024, under Section(s) 64, 87, 351(4) and 351(2) B.N.S., registered at P.S. Phephana, District Ballia.

5. The F.I.R. of the matter was lodged on 13.09.2024 by Smt. Geeta Devi against the applicant and four other accused persons alleging therein that on 19.8.2025 in the night her daughter was allured on false promise to marry and kidnapped by the applicant. The other accused persons were also involved in the said conspiracy. They used to talk with each other and took her daughter to their house. 2 BAIL No. 29267 of 2025

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl aged about 19 years. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. states of going with the applicant out of her own sweet will as her mother used to scold her for talking with him. She states of going to Mumbai and solemnizing marriage with him and living with him as his wife. It is submitted that the present case is a case of consent. It is submitted that subsequently the victim in her statement recorded under Section 183 B.N.S.S. stated that the applicant was her friend and he forcefully after threatening took her to Mumbai and solemnized marriage with her. It is submitted that the same is under pressure of her family members. It is submitted that the statements of the victim is not consistent. It is further submitted that although the victim is alleged to have been kidnapped on 19.08.2024 but the F.I.R. has been lodged on 13.09.2025 which is after about 24 days of the incident for which there is no plausible explanation. It is argued that the applicant has no other criminal antecedents as stated in para-18 of the affidavit and is in jail since 05.10.2024.

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

8. After having heard learned counsels for the parties and perusing the record, it is evident that the F.I.R. has been lodged with unexplained delay of about 24 days. The victim is a major girl. The victim in her statement recorded during investigation under 180 B.N.S.S. states of going with the applicant out of her own sweet will and marrying him and living with him as his wife. Subsequently in her statement recorded under Section 183 B.N.S.S. the victim states of being taken forcefully and being married forcefully. The statement thus is not consistent.

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 3 BAIL No. 29267 of 2025 evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant- Rahul Paswan @ Gobar, 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 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, 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 4 BAIL No. 29267 of 2025 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. September 12, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Sanjay Kumar, learned counsel for the applicant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. Learned A.G.A. submits that he has received instructions in the matter for which time was prayed and was allowed on

25.8.2025.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Rahul Paswan@Gobar, seeking enlargement on bail during trial in connection with Case Crime No.294 of 2024, under Section(s) 64, 87, 351(4) and 351(2) B.N.S., registered at P.S. Phephana, District Ballia.

5. The F.I.R. of the matter was lodged on 13.09.2024 by Smt. Geeta Devi against the applicant and four other accused persons alleging therein that on 19.8.2025 in the night her daughter was allured on false promise to marry and kidnapped by the applicant. The other accused persons were also involved in the said conspiracy. They used to talk with each other and took her daughter to their house. 2 BAIL No. 29267 of 2025

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl aged about 19 years. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. states of going with the applicant out of her own sweet will as her mother used to scold her for talking with him. She states of going to Mumbai and solemnizing marriage with him and living with him as his wife. It is submitted that the present case is a case of consent. It is submitted that subsequently the victim in her statement recorded under Section 183 B.N.S.S. stated that the applicant was her friend and he forcefully after threatening took her to Mumbai and solemnized marriage with her. It is submitted that the same is under pressure of her family members. It is submitted that the statements of the victim is not consistent. It is further submitted that although the victim is alleged to have been kidnapped on 19.08.2024 but the F.I.R. has been lodged on 13.09.2025 which is after about 24 days of the incident for which there is no plausible explanation. It is argued that the applicant has no other criminal antecedents as stated in para-18 of the affidavit and is in jail since 05.10.2024.

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

8. After having heard learned counsels for the parties and perusing the record, it is evident that the F.I.R. has been lodged with unexplained delay of about 24 days. The victim is a major girl. The victim in her statement recorded during investigation under 180 B.N.S.S. states of going with the applicant out of her own sweet will and marrying him and living with him as his wife. Subsequently in her statement recorded under Section 183 B.N.S.S. the victim states of being taken forcefully and being married forcefully. The statement thus is not consistent.

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 3 BAIL No. 29267 of 2025 evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant- Rahul Paswan @ Gobar, 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 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, 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 4 BAIL No. 29267 of 2025 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. September 12, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad