High Court · 2025

1. Heard Shri Ramakar Shukla, learned counsel for the applicant and learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the present applicant is in jail since 23.10.2024 in Case Crime No.378 of 2024 under Sections 69, 115(2), 351(3) of BNS and Section 67 of I.T. Act, Police Station Lambhua, District Sultanpur.

3. This Court has passed the order dated 23.01.2025, which reads as under:- "1. Heard Sri Ramakar Shukla, learned counsel for the applicant and Sri Arun Kumar Verma, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant (Ashish Mourya) is languishing in jail since 23.10.2024 in Case Crime No.378 of 2024, under Sections 69, 115 (2) & 351 (3) of Bharatiya Nyaya Sanhita, 2023 and Section 67 of I.T. Act, Police Station-Lambhua, District- Sultanpur.

3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Sri Ramakar Shukla has stated that the mother of the applicant is present in the Court and she undertakes on behalf of her son that the present applicant will marry with the prosecutrix as soon as he comes out from jail. He has further stated that the present applicant was in affairs with the prosecutrix and he is ready to get married with the prosecutrix.

5. So as to verify the aforesaid fact, the presence of the prosecutrix would be required.

6. Therefore, list this case on 05.02.2025.

7. On that date, the Station House Officer, Police Station-Lambhua, District-Sultanpur shall ensure the presence of the prosecutrix before the Court.

8. Learned Additional Government Advocate shall intimate this order to the Station House Officer concerned for its compliance."

4. Mr. Kamlesh Yadav, Sub Inspector and Mrs. Shail Kumari, Female Constable of Police Station- Lambhua, District- Sultanpur has ensured the presence of the prosecutrix. The prosecutrix is present in the Court.

5. The prosecutrix has stated that though she was willing to get married with the applicant, therefore, she has not levelled any allegation against him but she is not interested to get married with him as the applicant has earlier denied for the marriage with her.

6. Learned counsel for the applicant has stated that the mother of the applicant is present in the Court and she is again reiterating her earlier statement that her son is ready to get married with the prosecutrix and she has no grievance of any kind whatsoever if her son marries with the prosecutrix. The present applicant has no prior criminal history of any kind whatsoever. Learned counsel for the applicant undertakes that the present applicant shall not misuse the liberty of bail and shall cooperate in the trial proceedings and shall abide by all terms and conditions of the bail, if granted.

7. Learned A.G.A. has, however, opposed the bail application and has submitted that since the allegations have been levelled against the present applicant, therefore, the FIR has been lodged.

8. 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 mother of the applicant has stated that her son is ready to get married with the prosecutrix and she has no grievance of any kind whatsoever but the prosecutrix is not interested to get married with the applicant; the applicant has no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall abide by all conditions of the bail order and cooperate in the trial court proceedings, I find it appropriate to release the present applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let the applicant Ashish Mourya, 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 / she 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 / her 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 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 / her 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 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 / her in accordance with law. [Rajesh Singh Chauhan, J.] Order Date :- 5.2.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Shri Ramakar Shukla, learned counsel for the applicant and learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the present applicant is in jail since 23.10.2024 in Case Crime No.378 of 2024 under Sections 69, 115(2), 351(3) of BNS and Section 67 of I.T. Act, Police Station Lambhua, District Sultanpur.

3. This Court has passed the order dated 23.01.2025, which reads as under:- "1. Heard Sri Ramakar Shukla, learned counsel for the applicant and Sri Arun Kumar Verma, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant (Ashish Mourya) is languishing in jail since 23.10.2024 in Case Crime No.378 of 2024, under Sections 69, 115 (2) & 351 (3) of Bharatiya Nyaya Sanhita, 2023 and Section 67 of I.T. Act, Police Station-Lambhua, District- Sultanpur.

3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Sri Ramakar Shukla has stated that the mother of the applicant is present in the Court and she undertakes on behalf of her son that the present applicant will marry with the prosecutrix as soon as he comes out from jail. He has further stated that the present applicant was in affairs with the prosecutrix and he is ready to get married with the prosecutrix.

5. So as to verify the aforesaid fact, the presence of the prosecutrix would be required.

6. Therefore, list this case on 05.02.2025.

7. On that date, the Station House Officer, Police Station-Lambhua, District-Sultanpur shall ensure the presence of the prosecutrix before the Court.

8. Learned Additional Government Advocate shall intimate this order to the Station House Officer concerned for its compliance."

4. Mr. Kamlesh Yadav, Sub Inspector and Mrs. Shail Kumari, Female Constable of Police Station- Lambhua, District- Sultanpur has ensured the presence of the prosecutrix. The prosecutrix is present in the Court.

5. The prosecutrix has stated that though she was willing to get married with the applicant, therefore, she has not levelled any allegation against him but she is not interested to get married with him as the applicant has earlier denied for the marriage with her.

6. Learned counsel for the applicant has stated that the mother of the applicant is present in the Court and she is again reiterating her earlier statement that her son is ready to get married with the prosecutrix and she has no grievance of any kind whatsoever if her son marries with the prosecutrix. The present applicant has no prior criminal history of any kind whatsoever. Learned counsel for the applicant undertakes that the present applicant shall not misuse the liberty of bail and shall cooperate in the trial proceedings and shall abide by all terms and conditions of the bail, if granted.

7. Learned A.G.A. has, however, opposed the bail application and has submitted that since the allegations have been levelled against the present applicant, therefore, the FIR has been lodged.

8. 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 mother of the applicant has stated that her son is ready to get married with the prosecutrix and she has no grievance of any kind whatsoever but the prosecutrix is not interested to get married with the applicant; the applicant has no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall abide by all conditions of the bail order and cooperate in the trial court proceedings, I find it appropriate to release the present applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let the applicant Ashish Mourya, 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 / she 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 / her 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 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 / her 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 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 / her in accordance with law. [Rajesh Singh Chauhan, J.] Order Date :- 5.2.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench