High Court · 2025

1. Heard Sri Sunny Sharma, learned counsel for the applicant and Sri Nikhil Singh, learned AGA-I for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 04.10.2024 in Case Crime No.0532 of 2024, under Sections 87, 351 (2), 127(4) & 64(1) of B.N.S., 2023, Police Station – Bachrawan, District – Raebareli.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which was lodged only under Sections 87 of B.N.S., however, after recovery of the prosecutrix, Sections 351 (2), 127(4) & 64(1) of B.N.S. have been added. Learned counsel for the applicant has stated that the present applicant and the prosecutrix were in affairs, therefore, the prosecutrix had gone with the applicant willingly to Ludhiyana where she got married with him at one Gurudwara as coloured photographs thereof have been enclosed as Annexure No.4 to the bail application. The present applicant and the prosecutrix have filed their joint application before the Court of Sessions Judge, Ludhiana on 19.09.2024 (Annexure No.5) seeking protection apprising that they have married together and their family members are not agreeable. Learned Sessions Judge, Ludhiana has passed order dated 20.09.2024 (Annexure No.6) granting protection to both the persons in case their liberty is not protected by the police.

4. Learned counsel for the applicant has submitted that after getting the aforesaid order from the Sessions Court, Ludhiana, they returned to their place under the bonafide impression that now they are protected. After returning to their place, on the instigation of parents of the prosecutrix, the present applicant was arrested. Thereafter, statements of the prosecutrix have been recorded under Sections 180 & 183 of BNSS wherein she levelled allegation against the present applicant of rape. Learned counsel has stated that the prosecutrix was living with the applicant since September, 2024 till his arrest. She filed an application before the Court concerned at Ludhiana where she did not level any allegation against the present applicant, rather has stated that she is a legally wedded wife of the applicant but after coming into the company of her parents, false and misconceived allegations have been levelled against the applicant. Since both are married persons, therefore, as soon as the present applicant comes out from jail, he shall take all legal recourse to get his wife back and they shall live together as husband and wife. The present applicant is having no prior criminal history of any kind whatsoever. Charge sheet has been filed. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings.

5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that present applicant and the prosecutrix were in affairs and the prosecutrix had gone with the applicant willingly to Ludhiana where she got married with him at one Gurudwara as coloured photographs thereof have been enclosed with the bail application; the applicant and the prosecutrix have filed their joint application before the Court of Sessions Judge, Ludhiana on 19.09.2024 seeking protection apprising that they have married together and their family members are not agreeable and the learned Sessions Judge, Ludhiana has passed order dated 20.09.2024 granting protection to both the persons; it appears that the prosecutrix has levelled allegation of rape against the applicant under the influence of her parents as the prosecutrix was living with the applicant since September, 2024 till his arrest and she filed an application before the Court concerned at Ludhiana where she did not level any allegation against the present applicant, rather has stated that she is a legally wedded wife of the applicant; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. Let applicant- Abhishek Gautam alias Anshu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the 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 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of the 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 20.1.2025 RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Sunny Sharma, learned counsel for the applicant and Sri Nikhil Singh, learned AGA-I for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 04.10.2024 in Case Crime No.0532 of 2024, under Sections 87, 351 (2), 127(4) & 64(1) of B.N.S., 2023, Police Station – Bachrawan, District – Raebareli.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which was lodged only under Sections 87 of B.N.S., however, after recovery of the prosecutrix, Sections 351 (2), 127(4) & 64(1) of B.N.S. have been added. Learned counsel for the applicant has stated that the present applicant and the prosecutrix were in affairs, therefore, the prosecutrix had gone with the applicant willingly to Ludhiyana where she got married with him at one Gurudwara as coloured photographs thereof have been enclosed as Annexure No.4 to the bail application. The present applicant and the prosecutrix have filed their joint application before the Court of Sessions Judge, Ludhiana on 19.09.2024 (Annexure No.5) seeking protection apprising that they have married together and their family members are not agreeable. Learned Sessions Judge, Ludhiana has passed order dated 20.09.2024 (Annexure No.6) granting protection to both the persons in case their liberty is not protected by the police.

4. Learned counsel for the applicant has submitted that after getting the aforesaid order from the Sessions Court, Ludhiana, they returned to their place under the bonafide impression that now they are protected. After returning to their place, on the instigation of parents of the prosecutrix, the present applicant was arrested. Thereafter, statements of the prosecutrix have been recorded under Sections 180 & 183 of BNSS wherein she levelled allegation against the present applicant of rape. Learned counsel has stated that the prosecutrix was living with the applicant since September, 2024 till his arrest. She filed an application before the Court concerned at Ludhiana where she did not level any allegation against the present applicant, rather has stated that she is a legally wedded wife of the applicant but after coming into the company of her parents, false and misconceived allegations have been levelled against the applicant. Since both are married persons, therefore, as soon as the present applicant comes out from jail, he shall take all legal recourse to get his wife back and they shall live together as husband and wife. The present applicant is having no prior criminal history of any kind whatsoever. Charge sheet has been filed. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings.

5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that present applicant and the prosecutrix were in affairs and the prosecutrix had gone with the applicant willingly to Ludhiana where she got married with him at one Gurudwara as coloured photographs thereof have been enclosed with the bail application; the applicant and the prosecutrix have filed their joint application before the Court of Sessions Judge, Ludhiana on 19.09.2024 seeking protection apprising that they have married together and their family members are not agreeable and the learned Sessions Judge, Ludhiana has passed order dated 20.09.2024 granting protection to both the persons; it appears that the prosecutrix has levelled allegation of rape against the applicant under the influence of her parents as the prosecutrix was living with the applicant since September, 2024 till his arrest and she filed an application before the Court concerned at Ludhiana where she did not level any allegation against the present applicant, rather has stated that she is a legally wedded wife of the applicant; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. Let applicant- Abhishek Gautam alias Anshu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the 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 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of the 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 20.1.2025 RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench