High Court · 2025

2. Heard Sri Brajesh Kumar Singh, learned counsel for the applicant, Sri Munna Tiwari, learned counsel for the first informant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

3. This matter is nominated to this Bench vide order dated 27.03.2025 of Hon'ble The Chief Justice.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Baiju Gaund, seeking enlargement on bail during trial in connection with Case Crime No. 461 of 2024, under Sections 69, 115(2) BNS, registered at Police Station Campierganj, District Gorakhpur.

5. The FIR of the matter was lodged on 20.07.2024 by the victim herself against the applicant and Akash Bharti alleging therein that she came in contact with the applicant through Instagram around two years back and became friends. Since last four months, they were talking to each other and the applicant made a promise to marry her. They met on 01.12.2023 for the first time at the house of her relative where he made promise to marry and established physical relationship with her. Subsequently, physical relationship between them used to be made continuously. He started demanding money from her which were given to him. In the meantime, she met the applicant and his friend Akash Bharti who then told her that he wants to open a shop of medicines and she should arrange money of Rs. 3 lakh after which she arranged money which is of her father, gold jewellery of her mother was sold to give him after which he refused talks between them and switched off the phone on 05.07.2024. She gave an application to the police station and then the applicant was called there who on Whatsapp accepted for marriage. On 10.07.2025 at about 08:00 pm she on the call of the applicant went to jungle where the accused persons took her to a vehicle and assaulted her and left her and ran away. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman and as per high school records she is aged about 27 years. It is submitted that the relationship between the applicant and the victim was a consensual relationship. It is submitted that the allegations of money being given by the victim is totally false and without any credible evidence. It is submitted that the applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 22.08.2024.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and on a false promise to marry established physical relationship with the victim and then refused to marriage. He also given money from her.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim/first informant is a major woman. There has been friendship between them since long through Instagram. There was discussion between them for marriage, in the meantime, physical relationship was established. Subsequently, the factum of marriage was refused and the FIR has thus been lodged.

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 evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant Baiju Gaund, 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, 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.

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. Order Date :- 7.5.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Brajesh Kumar Singh, learned counsel for the applicant, Sri Munna Tiwari, learned counsel for the first informant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

3. This matter is nominated to this Bench vide order dated 27.03.2025 of Hon'ble The Chief Justice.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Baiju Gaund, seeking enlargement on bail during trial in connection with Case Crime No. 461 of 2024, under Sections 69, 115(2) BNS, registered at Police Station Campierganj, District Gorakhpur.

5. The FIR of the matter was lodged on 20.07.2024 by the victim herself against the applicant and Akash Bharti alleging therein that she came in contact with the applicant through Instagram around two years back and became friends. Since last four months, they were talking to each other and the applicant made a promise to marry her. They met on 01.12.2023 for the first time at the house of her relative where he made promise to marry and established physical relationship with her. Subsequently, physical relationship between them used to be made continuously. He started demanding money from her which were given to him. In the meantime, she met the applicant and his friend Akash Bharti who then told her that he wants to open a shop of medicines and she should arrange money of Rs. 3 lakh after which she arranged money which is of her father, gold jewellery of her mother was sold to give him after which he refused talks between them and switched off the phone on 05.07.2024. She gave an application to the police station and then the applicant was called there who on Whatsapp accepted for marriage. On 10.07.2025 at about 08:00 pm she on the call of the applicant went to jungle where the accused persons took her to a vehicle and assaulted her and left her and ran away. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman and as per high school records she is aged about 27 years. It is submitted that the relationship between the applicant and the victim was a consensual relationship. It is submitted that the allegations of money being given by the victim is totally false and without any credible evidence. It is submitted that the applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 22.08.2024.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and on a false promise to marry established physical relationship with the victim and then refused to marriage. He also given money from her.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim/first informant is a major woman. There has been friendship between them since long through Instagram. There was discussion between them for marriage, in the meantime, physical relationship was established. Subsequently, the factum of marriage was refused and the FIR has thus been lodged.

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 evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant Baiju Gaund, 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, 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.

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. Order Date :- 7.5.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad