High Court · 2025

"1. Heard Sri Arvind Kumar Tiwari, learned counsel for the applicant and Sri Diwakar Singh, learned AGA for State.

2. Issue notice to opposite party no. 2 returnable at an early date.

3. Steps within a week.

4. Office to proceed accordingly.

5. The present applicant is in jail since 24.11.2024 in Case Crime No. 45 of 2024, u/s 363,366,376(1), 504, 506, 120B IPC and section 5(J)2/6 Protection of Children From Sexual Offences Act, 2012, P.S. Patti, District Pratapgarh. It has been submitted that the applicant has falsely been implicated in this case as he has not committed any offence, as alleged.

6. Learned counsel for the applicant has submitted that the present applicant under the bonafide impression, that the prosecutrix has attained the marriageable age, has got married with her and established physical relation. On account of such relation the prosecutrix has become mother of baby girl who is aged about one month. Prosecutrix is presently living with the family members of the present applicant. She is happily living there. The present applicant being a husband of the prosecutrix and father of the infant daughter is willing to look after them, therefore, he may be enlarged on bail.

7. So as to verify the aforesaid facts the appearance of the prosecutrix and complainant before the Court would be required on the next date.

8. List this case on 24.2.2025. On that date the Station House Officer, P.S. Patti, District Pratapgarh shall ensure the presence of opposite party no. 2 and prosecutrix.

9. Learned AGA shall intimate this order to the Station House Officer concerned for its compliance."

3. Sri Laxmi Kant Sengar, Sub-Inspector , P.S. Patti, District Pratapgarh and Mrs. Sanju Saroj, Female Constable, P.S. Vibhuti Khand (High Court Chowki), District Lucknow have ensured the presence of the prosecutrix / complainant before this Court.

4. Both the complainant and prosecutrix are present in person.

5. The prosecutrix is having one infant female child saying that the present applicant is father of that child. Though presently she is living with her mother but as soon as the present applicant is released from jail, she shall live with him. She has not levelled any allegation against the present applicant.

6. The mother of the prosecutrix who is also present in person before the Court has also stated that she has no objection, if her daughter lives with the applicant.

7. Learned counsel for the applicant has stated that the present applicant being husband of the prosecutrix and father of the infant daughter shall look after them properly and shall provide all necessary means which are required to any person for livelihood. The applicant has no previous criminal history of any kind whatsoever.

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 AGA has opposed the aforesaid bail application by submitting that the trial is going on under various sections of IPC and POCSO Act, therefore, any order in the interest of prosecution may be passed.

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 prosecutrix is with one infant female child saying that the present applicant is father of that child and though presently she is living with her mother but as soon as the present applicant is released from jail, she shall live with him, prosecutrix has not levelled any allegation against the present applicant, mother of the prosecutrix has also stated that she has no objection, if her daughter lives with the applicant, applicant has no previous criminal history of any kind whatsoever and the undertaking given on behalf of the applicant that the applicant being husband of the prosecutrix and father of the infant daughter shall look after them properly and shall provide all necessary means which are required to any person for livelihood and 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 Subhash, 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 :- 24.2.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

"1. Heard Sri Arvind Kumar Tiwari, learned counsel for the applicant and Sri Diwakar Singh, learned AGA for State.

2. Issue notice to opposite party no. 2 returnable at an early date.

3. Steps within a week.

4. Office to proceed accordingly.

5. The present applicant is in jail since 24.11.2024 in Case Crime No. 45 of 2024, u/s 363,366,376(1), 504, 506, 120B IPC and section 5(J)2/6 Protection of Children From Sexual Offences Act, 2012, P.S. Patti, District Pratapgarh. It has been submitted that the applicant has falsely been implicated in this case as he has not committed any offence, as alleged.

6. Learned counsel for the applicant has submitted that the present applicant under the bonafide impression, that the prosecutrix has attained the marriageable age, has got married with her and established physical relation. On account of such relation the prosecutrix has become mother of baby girl who is aged about one month. Prosecutrix is presently living with the family members of the present applicant. She is happily living there. The present applicant being a husband of the prosecutrix and father of the infant daughter is willing to look after them, therefore, he may be enlarged on bail.

7. So as to verify the aforesaid facts the appearance of the prosecutrix and complainant before the Court would be required on the next date.

8. List this case on 24.2.2025. On that date the Station House Officer, P.S. Patti, District Pratapgarh shall ensure the presence of opposite party no. 2 and prosecutrix.

9. Learned AGA shall intimate this order to the Station House Officer concerned for its compliance."

3. Sri Laxmi Kant Sengar, Sub-Inspector , P.S. Patti, District Pratapgarh and Mrs. Sanju Saroj, Female Constable, P.S. Vibhuti Khand (High Court Chowki), District Lucknow have ensured the presence of the prosecutrix / complainant before this Court.

4. Both the complainant and prosecutrix are present in person.

5. The prosecutrix is having one infant female child saying that the present applicant is father of that child. Though presently she is living with her mother but as soon as the present applicant is released from jail, she shall live with him. She has not levelled any allegation against the present applicant.

6. The mother of the prosecutrix who is also present in person before the Court has also stated that she has no objection, if her daughter lives with the applicant.

7. Learned counsel for the applicant has stated that the present applicant being husband of the prosecutrix and father of the infant daughter shall look after them properly and shall provide all necessary means which are required to any person for livelihood. The applicant has no previous criminal history of any kind whatsoever.

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 AGA has opposed the aforesaid bail application by submitting that the trial is going on under various sections of IPC and POCSO Act, therefore, any order in the interest of prosecution may be passed.

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 prosecutrix is with one infant female child saying that the present applicant is father of that child and though presently she is living with her mother but as soon as the present applicant is released from jail, she shall live with him, prosecutrix has not levelled any allegation against the present applicant, mother of the prosecutrix has also stated that she has no objection, if her daughter lives with the applicant, applicant has no previous criminal history of any kind whatsoever and the undertaking given on behalf of the applicant that the applicant being husband of the prosecutrix and father of the infant daughter shall look after them properly and shall provide all necessary means which are required to any person for livelihood and 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 Subhash, 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 :- 24.2.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench