High Court · 2025

"1.Heard Sri Vyas Narayan Shukla, learned counsel for the applicant and Sri Hari Shanker Maurya, learned Additional Government Advocate for the State.

2. Learned Additional Government Advocate has informed that notice has been given to the complainant/ opposite party No.2, but no one has put in appearance on her/ his behalf.

3. As per learned counsel for the applicant, the present applicant (Ashish) is languishing in jail since 07.11.2024 in Case Crime No.0311 of 2024, under Sections 137 (2), 87 & 64 (2) of Bharatiya Nyaya Sanhita, 2023 and Section 5/6 of Protection of Children from Sexual Offences Act, Police Station-Sareni, District-Raebareli.

4. 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 so narrated in the First Information Report (in short F.I.R.).

5. Learned counsel for the applicant has submitted that the present applicant has got married with the prosecutrix but her family members were not agreeable from the aforesaid marriage, therefore, she is not living with her family members, rather, she is residing presently at Gandhi Sewa Niketan, Mill Area, District-Raebareli, as recital to this effect has been given in para-14 of the bail application.

6. Learned counsel for the applicant has further submitted that the present applicant is ready to keep the prosecutrix as his wife and shall take care of her in future.

7. So as to verify the aforesaid facts, the presence of the prosecutrix would be required.

8. Therefore, list this case on 04.02.2025.

9. The Station House Officer, Police Station-Sareni, District-Raebareli shall ensure the presence of the prosecutrix as well as the complainant before the Court on the next date.

10. Learned Additional Government Advocate shall intimate this order to the Station House Officer concerned, at the earliest, for its compliance."

3. Sri Uma Kant Gupta, learned counsel has filed Vakalatnama on behalf of the Complainant/ opposite party No.2, the same is taken on record.

4. In compliance of the aforesaid order, Sri Sunil Kumar Verma, Sub-Inspector along with Mrs. Priti, Female Constable, Police Station-Sareni, District-Raebare have produced the prosecutrix before the Court from Gandhi Sewa Niketan, Mill Area, District-Raebareli. The complainant, Sri Binda Prasad, is also present in the Court.

5. On being asked from the prosecutrix as to whether she got married with the present applicant, she has stated that she has not got married with the present applicant but she will decide all these things after attaining the marriageable age as she is presently 17 years and 06 months of age. She has further stated that the present applicant has not committed any offence with her and the allegations so levelled against the present applicant in the F.I.R. are false and baseless. The prosecutrix has also stated that presently she is residing at Gandhi Sewa Niketan, Mill Area, District-Raebareli and she wants to live there till she attains the marriageable age.

6. The complainant, Sri Binda Prasad, who is present in the Court has stated that the present applicant has misguided his daughter and knowing fully that she has not attained the marriageable age he established relations with her. He has further stated that he wants to get custody of his daughter back from the aforesaid Sewa Niketan so that he could provide proper education to his daughter and she could take appropriate decision for her future life.

7. As per learned counsel for the applicant, the present applicant (Ashish) is languishing in jail since 07.11.2024 in Case Crime No.0311 of 2024, under Sections 137 (2), 87 & 64 (2) of Bharatiya Nyaya Sanhita, 2023 and Section 5/6 of Protection of Children from Sexual Offences Act, Police Station-Sareni, District-Raebareli.

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

9. Learned counsel for the applicant has stated that the prosecutrix has not levelled any allegation against the present applicant in her statement recorded under Sections 180 & 183 B.N.S.S. and the present applicant is willing to live with the prosecutrix after getting social marriage with her. The present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly. On the other hand, learned Additional Government 10. Advocate has opposed the prayer for bail of the present applicant by submitting that as per allegation the present applicant has committed offence under various Sections of B.N.S. as well as POCSO Act, therefore, any appropriate order may be passed in the interest of the prosecutrix.

11. Having heard learned counsel for the parties and having perused the material available on record; also considering the aforesaid statement of the prosecutrix given before the Court today as well as her statement recorded under Sections 180 & 183 B.N.S.S. wherein she has not levelled any allegations against the present applicant; the present applicant is having no prior criminal history of any kind whatsoever; the undertaking that the applicant 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 properly, without expressing any opinion on merits of the case, I find it appropriate that the present applicant may be enlarged on bail in this case.

12. Accordingly, the instant bail application is allowed.

13. Let the applicant (Ashish) 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 229-A IPC/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 82 Cr.P.C./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, in accordance with law, under Section 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicant shall not leave the country without prior permission of the Court. . Order Date :- 4.2.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

"1.Heard Sri Vyas Narayan Shukla, learned counsel for the applicant and Sri Hari Shanker Maurya, learned Additional Government Advocate for the State.

2. Learned Additional Government Advocate has informed that notice has been given to the complainant/ opposite party No.2, but no one has put in appearance on her/ his behalf.

3. As per learned counsel for the applicant, the present applicant (Ashish) is languishing in jail since 07.11.2024 in Case Crime No.0311 of 2024, under Sections 137 (2), 87 & 64 (2) of Bharatiya Nyaya Sanhita, 2023 and Section 5/6 of Protection of Children from Sexual Offences Act, Police Station-Sareni, District-Raebareli.

4. 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 so narrated in the First Information Report (in short F.I.R.).

5. Learned counsel for the applicant has submitted that the present applicant has got married with the prosecutrix but her family members were not agreeable from the aforesaid marriage, therefore, she is not living with her family members, rather, she is residing presently at Gandhi Sewa Niketan, Mill Area, District-Raebareli, as recital to this effect has been given in para-14 of the bail application.

6. Learned counsel for the applicant has further submitted that the present applicant is ready to keep the prosecutrix as his wife and shall take care of her in future.

7. So as to verify the aforesaid facts, the presence of the prosecutrix would be required.

8. Therefore, list this case on 04.02.2025.

9. The Station House Officer, Police Station-Sareni, District-Raebareli shall ensure the presence of the prosecutrix as well as the complainant before the Court on the next date.

10. Learned Additional Government Advocate shall intimate this order to the Station House Officer concerned, at the earliest, for its compliance."

3. Sri Uma Kant Gupta, learned counsel has filed Vakalatnama on behalf of the Complainant/ opposite party No.2, the same is taken on record.

4. In compliance of the aforesaid order, Sri Sunil Kumar Verma, Sub-Inspector along with Mrs. Priti, Female Constable, Police Station-Sareni, District-Raebare have produced the prosecutrix before the Court from Gandhi Sewa Niketan, Mill Area, District-Raebareli. The complainant, Sri Binda Prasad, is also present in the Court.

5. On being asked from the prosecutrix as to whether she got married with the present applicant, she has stated that she has not got married with the present applicant but she will decide all these things after attaining the marriageable age as she is presently 17 years and 06 months of age. She has further stated that the present applicant has not committed any offence with her and the allegations so levelled against the present applicant in the F.I.R. are false and baseless. The prosecutrix has also stated that presently she is residing at Gandhi Sewa Niketan, Mill Area, District-Raebareli and she wants to live there till she attains the marriageable age.

6. The complainant, Sri Binda Prasad, who is present in the Court has stated that the present applicant has misguided his daughter and knowing fully that she has not attained the marriageable age he established relations with her. He has further stated that he wants to get custody of his daughter back from the aforesaid Sewa Niketan so that he could provide proper education to his daughter and she could take appropriate decision for her future life.

7. As per learned counsel for the applicant, the present applicant (Ashish) is languishing in jail since 07.11.2024 in Case Crime No.0311 of 2024, under Sections 137 (2), 87 & 64 (2) of Bharatiya Nyaya Sanhita, 2023 and Section 5/6 of Protection of Children from Sexual Offences Act, Police Station-Sareni, District-Raebareli.

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

9. Learned counsel for the applicant has stated that the prosecutrix has not levelled any allegation against the present applicant in her statement recorded under Sections 180 & 183 B.N.S.S. and the present applicant is willing to live with the prosecutrix after getting social marriage with her. The present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly. On the other hand, learned Additional Government 10. Advocate has opposed the prayer for bail of the present applicant by submitting that as per allegation the present applicant has committed offence under various Sections of B.N.S. as well as POCSO Act, therefore, any appropriate order may be passed in the interest of the prosecutrix.

11. Having heard learned counsel for the parties and having perused the material available on record; also considering the aforesaid statement of the prosecutrix given before the Court today as well as her statement recorded under Sections 180 & 183 B.N.S.S. wherein she has not levelled any allegations against the present applicant; the present applicant is having no prior criminal history of any kind whatsoever; the undertaking that the applicant 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 properly, without expressing any opinion on merits of the case, I find it appropriate that the present applicant may be enlarged on bail in this case.

12. Accordingly, the instant bail application is allowed.

13. Let the applicant (Ashish) 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 229-A IPC/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 82 Cr.P.C./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, in accordance with law, under Section 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicant shall not leave the country without prior permission of the Court. . Order Date :- 4.2.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench