Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30649 of 2025 Mukesh State Of U.P. And 3 Others Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Ajay Kumar Giri, G.A., Surendra Kumar : Raghvendra Singh Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Heard Sri Raghvendra Singh, learned counsel for the applicant, Sri Ajay Kumar Giri, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. Learned counsel for the first informant submits that he has filed his vakalatnama in the office on 04.09.2025. The same is not on record despite his name being printed in the cause list. 4. Office to trace out the same and place it on record and make a note in the order sheet about it. 5. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Mukesh, seeking enlargement on bail during trial in connection with Case Crime No. 0131 of 2025, under Sections 137(2), 87, 65(1) BNS and Section 6 of POCSO Act, registered at Police Station Saini, District Kaushambi. 6. The FIR of the matter was lodged on 12.04.2025 by Bisun against the applicant and Mewalal alleging therein that on 08.03.2025 at about 07:00 pm his daughter aged about 16 years who is a minor was lured and enticed away by the applicant Mukesh. She was searched a lot but could not be traced. Mewalal has helped Mukesh in the matter. Report be lodged and action be taken.
Legal Reasoning
7. 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 victim was medically examined and as per radiologist, her radiology age opined to be between 18-20 years. It is submitted that the victim is having pregnancy. It is further submitted while placing para 15 of the affidavit that the applicant 2 BAIL No. 30649 of 2025 and the victim are ready to marry each other but the first informant was not ready. It is submitted that now the families of both parties are ready for marriage. It is further submitted that charge sheet in the matter has been submitted on 20.05.2025, para 24 of the affidavit has been placed before the Court. It is further submitted that since the victim is major there is no impediment in the marriage. It is further submitted that the CMO concerned also opined her age to be above 18 years and below 20 years and thus she is a major. It is submitted that the applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 30.04.2025. 8. Per contra, learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant although is present but he submits that the parties have decided and are agreeable for marriage between the victim and the applicant. He states that he does oppose the prayer for bail. 9. After having heard learned counsels for the parties and perusing the records, it is evident that as per the certificate of the CMO concerned, the victim is a major. The present case appears to be a case of consent. The common ground between learned counsel for the applicant and learned counsel for the first informant that their family members are ready for marriage. Charge sheet in the matter has been submitted. 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 Mukesh, 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 3 BAIL No. 30649 of 2025 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.
Decision
14. Pending application(s), if any, shall stand disposed of. September 9, 2025 M. ARIF (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad