High Court · 2025

2. Heard Sri Rama Shanker Mishra, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. Notice of the present bail application has been given by the State on the first informant as per paragraph 3 of its counter affidavit dated 08.04.2025. Proof of notice is annexed as Annexure-CA-1 to the same. Despite service of notice, no one appears on behalf of the first informant.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Pawan Singh, seeking enlargement on bail during trial in connection with Case Crime No. 495 of 2024, under Sections 137(2), 65(1) B.N.S. and Section 3/4 POCSO Act, Police Station Gursahaiganj, District Kannauj.

5. The first information report of the present matter was lodged on 06.08.2024 by Sarvesh against the applicant alleging therein that on 05.08.2024 at about 10 am his daughter aged about 15 years was lured and enticed away by the applicant.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was recovered and in her statement recorded under Section 180 B.N.S.S. she states of going with the applicant out of her own sweet-will but does not state of any illegal act or sexual assault on her. It is further submitted that subsequently in her statement recorded under Section 183 B.N.S.S. she for the first time in the present matter states of the sexual assault on her. While placing supplementary affidavit dated 05.03.2025 it is submitted that the victim was examined before the trial court as P.W.-1 who did not support the prosecution case and has been declared hostile, the said statement has been placed before the Court which is annexed as Annexure-SA.-1 to the said supplementary affidavit. The applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 06.09.2024.

7. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the victim is a minor girl aged about 15 years and some months as per the school records and is a minor. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. has stated of the applicant committing sexual assault on her.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the in the statement of the victim recorded under Section 180 B.N.S.S. she does not state of any sexual assault on her. Subsequently in her statement recorded under Section 183 B.N.S.S. she states of sexual assault on her by the applicant. In the trial she was examined as P.W.-1 and did not support the prosecution case and has been declared hostile.

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- Pawan Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of family members and the other will be of a 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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 :- 24.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Rama Shanker Mishra, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. Notice of the present bail application has been given by the State on the first informant as per paragraph 3 of its counter affidavit dated 08.04.2025. Proof of notice is annexed as Annexure-CA-1 to the same. Despite service of notice, no one appears on behalf of the first informant.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Pawan Singh, seeking enlargement on bail during trial in connection with Case Crime No. 495 of 2024, under Sections 137(2), 65(1) B.N.S. and Section 3/4 POCSO Act, Police Station Gursahaiganj, District Kannauj.

5. The first information report of the present matter was lodged on 06.08.2024 by Sarvesh against the applicant alleging therein that on 05.08.2024 at about 10 am his daughter aged about 15 years was lured and enticed away by the applicant.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was recovered and in her statement recorded under Section 180 B.N.S.S. she states of going with the applicant out of her own sweet-will but does not state of any illegal act or sexual assault on her. It is further submitted that subsequently in her statement recorded under Section 183 B.N.S.S. she for the first time in the present matter states of the sexual assault on her. While placing supplementary affidavit dated 05.03.2025 it is submitted that the victim was examined before the trial court as P.W.-1 who did not support the prosecution case and has been declared hostile, the said statement has been placed before the Court which is annexed as Annexure-SA.-1 to the said supplementary affidavit. The applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 06.09.2024.

7. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the victim is a minor girl aged about 15 years and some months as per the school records and is a minor. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. has stated of the applicant committing sexual assault on her.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the in the statement of the victim recorded under Section 180 B.N.S.S. she does not state of any sexual assault on her. Subsequently in her statement recorded under Section 183 B.N.S.S. she states of sexual assault on her by the applicant. In the trial she was examined as P.W.-1 and did not support the prosecution case and has been declared hostile.

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- Pawan Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of family members and the other will be of a 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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 :- 24.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad