High Court · 2025

2. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.470 of 2024, under Sections 376, 323, 506, 406 I.P.C. and 3/4 D.P. Act, Police Station- Dibiyapur, District- Auraiya, during the pendency of trial.

4. This Co-ordinate Bench of this Court vide order dated 11.12.2024 had passed the following order:- "1. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant as well as learned A.G.A for the State of U.P. and perused the record.

2. The present bail application has been filed on behalf of the applicant in Case Crime No.470 of 2024, Under sections 376, 323, 506, 406 IPC and section 3/4 D.P. Act, P.S. Dibiyapur, District Auraiya with the prayer to enlarge him on bail.

3. As per prosecution story, the mother of the victim has lodged the FIR against the applicant for assuring the victim to solemnized the marriage with her and made physical relation.

4. The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case. He submits that the age of the victim is 20 years. The victim has refused for her medical examination. The engagement ceremony has taken place between the party. The victim is consenting party. The victim has also given contradictory statements under sections 161 and 164 Cr.P.C. The applicant is ready to perform marriage with the victim. He submits that the applicant is languishing in jail since 15.07.2024 having no criminal history.

5. Considering the facts and circumstances of the case, let the applicant- Nitul Pratap Singh, who is involved in aforementioned case crime be released on interim bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) 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. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., 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 174-A IPC. (iv) 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 313 Cr.P.C. 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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

5. List this case on 20.01.2025 as fresh. On that day, the applicant and victim are directed to appear before this Court in person."

5. This Court had ordered for both the parties to appear before this Court on 20.1.2025, but the victim was not present in this Court on 20.1.2025. The victim was not present in Court on 10.2.2025 again.

6. As per office report dated 18.3.2025, the notice has been served on the victim through her mother. The case was called out today and the victim is not present. As such, it seems that she is not interested to come to the Court.

7. Earlier order of this Court indicates that victim seems to be a consenting party as per her statements recorded U/s 161 & 164 Cr.P.C.

8. Under these circumstances, the earlier order of this Court dated 11.12.2024 is made absolute.

9. Let the applicant- Nitul Pratap Singh, who is involved in aforementioned case crime be released on regular bail, on the already furnished personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) 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 313 Cr.P.C./351 B.N.S.S. 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.

10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 19.3.2025 Vikas (Justice Krishan Pahal) VIKAS VERMA High Court of Judicature at Allahabad

2. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.470 of 2024, under Sections 376, 323, 506, 406 I.P.C. and 3/4 D.P. Act, Police Station- Dibiyapur, District- Auraiya, during the pendency of trial.

4. This Co-ordinate Bench of this Court vide order dated 11.12.2024 had passed the following order:- "1. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant as well as learned A.G.A for the State of U.P. and perused the record.

2. The present bail application has been filed on behalf of the applicant in Case Crime No.470 of 2024, Under sections 376, 323, 506, 406 IPC and section 3/4 D.P. Act, P.S. Dibiyapur, District Auraiya with the prayer to enlarge him on bail.

3. As per prosecution story, the mother of the victim has lodged the FIR against the applicant for assuring the victim to solemnized the marriage with her and made physical relation.

4. The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case. He submits that the age of the victim is 20 years. The victim has refused for her medical examination. The engagement ceremony has taken place between the party. The victim is consenting party. The victim has also given contradictory statements under sections 161 and 164 Cr.P.C. The applicant is ready to perform marriage with the victim. He submits that the applicant is languishing in jail since 15.07.2024 having no criminal history.

5. Considering the facts and circumstances of the case, let the applicant- Nitul Pratap Singh, who is involved in aforementioned case crime be released on interim bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) 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. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., 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 174-A IPC. (iv) 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 313 Cr.P.C. 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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

5. List this case on 20.01.2025 as fresh. On that day, the applicant and victim are directed to appear before this Court in person."

5. This Court had ordered for both the parties to appear before this Court on 20.1.2025, but the victim was not present in this Court on 20.1.2025. The victim was not present in Court on 10.2.2025 again.

6. As per office report dated 18.3.2025, the notice has been served on the victim through her mother. The case was called out today and the victim is not present. As such, it seems that she is not interested to come to the Court.

7. Earlier order of this Court indicates that victim seems to be a consenting party as per her statements recorded U/s 161 & 164 Cr.P.C.

8. Under these circumstances, the earlier order of this Court dated 11.12.2024 is made absolute.

9. Let the applicant- Nitul Pratap Singh, who is involved in aforementioned case crime be released on regular bail, on the already furnished personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) 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 313 Cr.P.C./351 B.N.S.S. 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.

10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 19.3.2025 Vikas (Justice Krishan Pahal) VIKAS VERMA High Court of Judicature at Allahabad