High Court · 2025

"Heard learned counsel for the applicant and Sri Anant Pratap Singh, learned AGA for the State. The learned AGA has informed that the notice has been given to the opposite party no. 2, but no one has appeared. Let the objection/counter afÏdavit be filed within a period of two weeks. List in the week commencing 10.02.2025, within top ten cases. This matter may be taken up after fresh cases." It has been noticed by this court that the notice has been served upon the opposite party no. 2, but, no one is present on behalf of the opposite party no. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 136 of 2024, under sections 363, 366, 376 of the I.P.C., section 3/4 (2) of the POCSO Act and section 3(2) (V) of S.C./S.T. Act, Police Station-Achalganj, District -Unnao. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the first information report of missing of the alleged victim is lodged by the aunt and later on, for giving the seriousness to the incident, the story is cooked up, though no such incident has ever taken place. He next added that the statements of the victim recorded under sections 161 and 164 of the Cr.P.C., demolish the story of the prosecution. He submits that though as per the prosecution story, the alleged victim is minor, but, she is more than 17 years of age and two years + minus may be considered in the present case. He next submits that infact the victim was in love with the applicant and due to some animosity,the first information report has been lodged and the applicant has been made an escape goat. He also submits that the force is missing and the applicant is a law abiding citizen and there is no previous criminal history of the applicant and he has cooperated with the investigation proceedings and the chargesheet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses. Further submitted that the applicant is a law abiding citizen and he is languishing in jail since 16-10-2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 16-10-2024; there is no previous criminal history of the applicant as has been explained in paragraph 23 of the bail application coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Sonu Pal, involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing or otherwise during the the witnesses, investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 10.2.2025 AKS ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

"Heard learned counsel for the applicant and Sri Anant Pratap Singh, learned AGA for the State. The learned AGA has informed that the notice has been given to the opposite party no. 2, but no one has appeared. Let the objection/counter afÏdavit be filed within a period of two weeks. List in the week commencing 10.02.2025, within top ten cases. This matter may be taken up after fresh cases." It has been noticed by this court that the notice has been served upon the opposite party no. 2, but, no one is present on behalf of the opposite party no. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 136 of 2024, under sections 363, 366, 376 of the I.P.C., section 3/4 (2) of the POCSO Act and section 3(2) (V) of S.C./S.T. Act, Police Station-Achalganj, District -Unnao. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the first information report of missing of the alleged victim is lodged by the aunt and later on, for giving the seriousness to the incident, the story is cooked up, though no such incident has ever taken place. He next added that the statements of the victim recorded under sections 161 and 164 of the Cr.P.C., demolish the story of the prosecution. He submits that though as per the prosecution story, the alleged victim is minor, but, she is more than 17 years of age and two years + minus may be considered in the present case. He next submits that infact the victim was in love with the applicant and due to some animosity,the first information report has been lodged and the applicant has been made an escape goat. He also submits that the force is missing and the applicant is a law abiding citizen and there is no previous criminal history of the applicant and he has cooperated with the investigation proceedings and the chargesheet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses. Further submitted that the applicant is a law abiding citizen and he is languishing in jail since 16-10-2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 16-10-2024; there is no previous criminal history of the applicant as has been explained in paragraph 23 of the bail application coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Sonu Pal, involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing or otherwise during the the witnesses, investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 10.2.2025 AKS ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench