High Court · 2025

1. Heard Sri Ram Asrey Verma, learned counsel for the applicant and Sri Nikhil Singh, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 8.10.2024 in Case Crime No. 302 of 2024 u/s 363, 366, 376, 323, 504, 506 IPC & 3/4 POCSO Act, P.S. Haidrabad, District Lakhimpur Kheri. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. This Court has passed order dated 23.1.2025 which reads as under : "Heard learned counsel for the applicant and Sri Alok Kumar Singh, learned A.G.A. for the State. Learned counsel for the applicant has stated that the applicant has got married with the prosecutrix believing that she is a major girl, though as per the prosecution version, the prosecutrix is aged about 17 years and 10 months. The physical relation established with the prosecutrix is consensual in nature and the prosecutrix is presently pregnant. Learned counsel for the applicant has further stated that the applicant is ready to look after the prosecutrix properly as his wife. To verify the aforesaid facts stated by learned counsel for the applicant, the personal appearance of the prosecutrix and the complainant would be required on the next date of hearing. Accordingly, list this case on 17.02.2025. On that date, the S.H.O., Police Station- Haidrabad, Lakhimpur Kheri shall ensure the presence of the prosecutrix and the complainant. Learned A.G.A. shall intimate this order to the S.H.O. concerned for strict compliance of this order."

4. Mr. Jai Prakash Yadav, Sub-Inspector & Miss. Anuradha, Female Constable both posted at P.S. Haidrabad, District Lakhimpur Kheri have ensured the presence of the prosecutrix.

5. The prosecutrix has stated that though she lived with the applicant for about four months but she did not live with him willingly as he forcefully kept her with him. The applicant forcefully married with her, however, no social marriage took place. The behaviour of the applicant is very cruel as he used to beat her after taking liquor and other type of intoxication. In that period she consumed Harpik on account of rough behaviour of the applicant, so she is not willing to live with him.

6. Learned counsel for the applicant has further submitted that the present applicant has no prior criminal history of any kind whatsoever. He is still willing to live with the prosecutrix after marrying her properly. The applicant is ready for social marriage. He has further submitted that the applicant shall try to convince the prosecutrix for the marriage.

7. Learned counsel for the applicant has also submitted that the physical relation were consensual in nature. The charge-sheet has been filed in this case.

8. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

9. Learned A.G.A. opposed the prayer for bail by submitting that at the time of incident the prosecutrix was a minor girl, therefore, the impugned F.I.R. has been lodged under various sections of IPC and POCSO Act.

10. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the present applicant has no prior criminal history of any kind whatsoever, applicant is still willing to live with the prosecutrix after marrying her properly, applicant is ready for social marriage, applicant shall try to convince the prosecutrix for the marriage, applicant has submitted that the physical relation were consensual in nature, charge- sheet has been filed in this case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

11. Bail application is allowed.

12. Let the applicant Hariom, involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (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 229-A of the Indian Penal Code. (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 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 174-A of the Indian Penal Code. (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 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 applicant shall not leave the country without permission of the Court concerned. . Order Date :- 17.2.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Ram Asrey Verma, learned counsel for the applicant and Sri Nikhil Singh, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 8.10.2024 in Case Crime No. 302 of 2024 u/s 363, 366, 376, 323, 504, 506 IPC & 3/4 POCSO Act, P.S. Haidrabad, District Lakhimpur Kheri. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. This Court has passed order dated 23.1.2025 which reads as under : "Heard learned counsel for the applicant and Sri Alok Kumar Singh, learned A.G.A. for the State. Learned counsel for the applicant has stated that the applicant has got married with the prosecutrix believing that she is a major girl, though as per the prosecution version, the prosecutrix is aged about 17 years and 10 months. The physical relation established with the prosecutrix is consensual in nature and the prosecutrix is presently pregnant. Learned counsel for the applicant has further stated that the applicant is ready to look after the prosecutrix properly as his wife. To verify the aforesaid facts stated by learned counsel for the applicant, the personal appearance of the prosecutrix and the complainant would be required on the next date of hearing. Accordingly, list this case on 17.02.2025. On that date, the S.H.O., Police Station- Haidrabad, Lakhimpur Kheri shall ensure the presence of the prosecutrix and the complainant. Learned A.G.A. shall intimate this order to the S.H.O. concerned for strict compliance of this order."

4. Mr. Jai Prakash Yadav, Sub-Inspector & Miss. Anuradha, Female Constable both posted at P.S. Haidrabad, District Lakhimpur Kheri have ensured the presence of the prosecutrix.

5. The prosecutrix has stated that though she lived with the applicant for about four months but she did not live with him willingly as he forcefully kept her with him. The applicant forcefully married with her, however, no social marriage took place. The behaviour of the applicant is very cruel as he used to beat her after taking liquor and other type of intoxication. In that period she consumed Harpik on account of rough behaviour of the applicant, so she is not willing to live with him.

6. Learned counsel for the applicant has further submitted that the present applicant has no prior criminal history of any kind whatsoever. He is still willing to live with the prosecutrix after marrying her properly. The applicant is ready for social marriage. He has further submitted that the applicant shall try to convince the prosecutrix for the marriage.

7. Learned counsel for the applicant has also submitted that the physical relation were consensual in nature. The charge-sheet has been filed in this case.

8. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

9. Learned A.G.A. opposed the prayer for bail by submitting that at the time of incident the prosecutrix was a minor girl, therefore, the impugned F.I.R. has been lodged under various sections of IPC and POCSO Act.

10. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the present applicant has no prior criminal history of any kind whatsoever, applicant is still willing to live with the prosecutrix after marrying her properly, applicant is ready for social marriage, applicant shall try to convince the prosecutrix for the marriage, applicant has submitted that the physical relation were consensual in nature, charge- sheet has been filed in this case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

11. Bail application is allowed.

12. Let the applicant Hariom, involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (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 229-A of the Indian Penal Code. (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 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 174-A of the Indian Penal Code. (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 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 applicant shall not leave the country without permission of the Court concerned. . Order Date :- 17.2.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench