High Court · 2025

"Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 367 of 2024, under Section 376 I.P.c. and 5/6 POCSO Act, and 3(2)(va) SC/ST Act, P.S. Akhand Nagar, District Sultanpur. As per the prosecution story, the allegation is that the applicant, namely, Jayhind Rajbhar @ Lalu son of Ramjhalak has committed rape upon the victim on false promise of marriage since the last one and half year and there was eight months pregnancy and the same was got aborted but he has denied for performing marriage. It is further alleged that the incident is of in between 1.12.2022 to 31.5.2024. It is contended by the learned counsel for the applicant that the applicant never committed any offence and the prosecution story is false and concocted. He submits that from the statement of the victim under Section 183 BNSS, it is apparent that after the delivery of the child, the same was taken away by the father of the applicant and the narration in the F.I.R. reveals that eight months fetus was got aborted which creates material doubt in the story of the prosecution. He further submits that the age of the alleged victim was about 19 years at the time of incident as is apparent from her school leaving certificate wherein her date of birth is mentioned as 14.11.2005 and, thus, the victim was major at the time of the date of lodging the F.I.R. Apart from that, he submits that there was no false promise of marriage with the victim and the applicant is still ready to perform marriage with her and, therefore, submission is that no offence has been committed yet. He also submits that the applicant may be enlarged on bail so that he could perform marriage with the victim. On the other hand, learned A.G.A. for the State submits that allegations are very serious and the victim was minor at the time of incident and as such, he is not entitled for any relief. Considering the statement of the victim and argument of the learned counsel for the applicant, it transpires that there is material contradiction in the statements under Sections 183 BNSS as well as the narration in the F.I.R. as well as the statement under Section 180 BNSS. Further from the perusal of the school leaving certificate it reveals that date of birth of the alleged victim is 14.11.2005 and, therefore, she was major at the time of incident. This court has also taken note of the undertaking given by the applicant that he is ready to perform marriage with the alleged victim and, therefore, this cannot be a case of false promise of marriage and under the garb of the allegation to commit rape. This Court also finds that the applicant has no previous criminal history which has been explained in para 18 of the bail application and the applicant is languishing in jail since 13.11.2024. In case, the applicant is granted bail, he will not misuse the liberty and would co-operate 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 case of interim bail. Let the applicant Jayhind Rajbhar @ Lalu involved in the aforementioned crime be released on interim 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 the witnesses, or otherwise during the 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 sufficient 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. List/put up this matter on 24.2.2024 at 2.15 pm. The S.H.O. concerned is directed to produce the applicant, alleged victim and her father on the said date. This order shall be communicated to the S.H.O. concerned by the learned A.G.A."

3. Mr. Vinod Patel, Sub-Inspector and Ms. Bhawna, Female Constable, P.S. Akhand Nagar, District Sultanpur have ensured the presence of the prosecutrix and her mother as her father is ailing today. The applicant is also present in person before the Court.

4. On being asked from the prosecutrix as to whether she is willing to get married with the applicant, she has stated that she is willing to get married with the applicant as she is in affairs with the applicant. She has further stated that she has attained the marriageable age. The mother of the victim namely, Badama, who is also present in the Court has stated that she has no objection if her daughter marries with the applicant.

5. The applicant is also present in person. He has also stated that he is in affairs with the prosecutrix and willing to get married with her. He shall get married with her at the earliest preferably within a period of one month. Thereafter they shall get their marriage registered before the marriage registering authority.

6. Having considered the facts and circumstances as well as the statement of the parties who are present in the Court, I find it appropriate that the present applicant is entitled for regular bail. They shall get married with expedition, preferably within one month and thereafter shall apply for marriage registration.

7. If the parties apply for marriage registration before the competent authority, such exercise shall be completed strictly in accordance with law. The marriage registration certificate shall be shown to the learned trial court and learned trial court shall keep the photo copy of the same on record. The applicant shall look after the prosecutrix properly and shall provide all necessary and required means which are required to any person for livelihood

8. Accordingly, this interim bail order is made absolute in terms of earlier order.

9. Since the present applicant has submitted sureties and bonds in compliance of the aforesaid order dated 12.2.2025, therefore, there is no need to submit fresh sureties.

10. If the present applicant violates the aforesaid conditions, any appropriate application may be filed on behalf of prosecutrix or State to cancel the bail. . [Rajesh Singh Chauhan, J.] Order Date :- 24.2.2025 Om OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

"Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 367 of 2024, under Section 376 I.P.c. and 5/6 POCSO Act, and 3(2)(va) SC/ST Act, P.S. Akhand Nagar, District Sultanpur. As per the prosecution story, the allegation is that the applicant, namely, Jayhind Rajbhar @ Lalu son of Ramjhalak has committed rape upon the victim on false promise of marriage since the last one and half year and there was eight months pregnancy and the same was got aborted but he has denied for performing marriage. It is further alleged that the incident is of in between 1.12.2022 to 31.5.2024. It is contended by the learned counsel for the applicant that the applicant never committed any offence and the prosecution story is false and concocted. He submits that from the statement of the victim under Section 183 BNSS, it is apparent that after the delivery of the child, the same was taken away by the father of the applicant and the narration in the F.I.R. reveals that eight months fetus was got aborted which creates material doubt in the story of the prosecution. He further submits that the age of the alleged victim was about 19 years at the time of incident as is apparent from her school leaving certificate wherein her date of birth is mentioned as 14.11.2005 and, thus, the victim was major at the time of the date of lodging the F.I.R. Apart from that, he submits that there was no false promise of marriage with the victim and the applicant is still ready to perform marriage with her and, therefore, submission is that no offence has been committed yet. He also submits that the applicant may be enlarged on bail so that he could perform marriage with the victim. On the other hand, learned A.G.A. for the State submits that allegations are very serious and the victim was minor at the time of incident and as such, he is not entitled for any relief. Considering the statement of the victim and argument of the learned counsel for the applicant, it transpires that there is material contradiction in the statements under Sections 183 BNSS as well as the narration in the F.I.R. as well as the statement under Section 180 BNSS. Further from the perusal of the school leaving certificate it reveals that date of birth of the alleged victim is 14.11.2005 and, therefore, she was major at the time of incident. This court has also taken note of the undertaking given by the applicant that he is ready to perform marriage with the alleged victim and, therefore, this cannot be a case of false promise of marriage and under the garb of the allegation to commit rape. This Court also finds that the applicant has no previous criminal history which has been explained in para 18 of the bail application and the applicant is languishing in jail since 13.11.2024. In case, the applicant is granted bail, he will not misuse the liberty and would co-operate 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 case of interim bail. Let the applicant Jayhind Rajbhar @ Lalu involved in the aforementioned crime be released on interim 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 the witnesses, or otherwise during the 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 sufficient 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. List/put up this matter on 24.2.2024 at 2.15 pm. The S.H.O. concerned is directed to produce the applicant, alleged victim and her father on the said date. This order shall be communicated to the S.H.O. concerned by the learned A.G.A."

3. Mr. Vinod Patel, Sub-Inspector and Ms. Bhawna, Female Constable, P.S. Akhand Nagar, District Sultanpur have ensured the presence of the prosecutrix and her mother as her father is ailing today. The applicant is also present in person before the Court.

4. On being asked from the prosecutrix as to whether she is willing to get married with the applicant, she has stated that she is willing to get married with the applicant as she is in affairs with the applicant. She has further stated that she has attained the marriageable age. The mother of the victim namely, Badama, who is also present in the Court has stated that she has no objection if her daughter marries with the applicant.

5. The applicant is also present in person. He has also stated that he is in affairs with the prosecutrix and willing to get married with her. He shall get married with her at the earliest preferably within a period of one month. Thereafter they shall get their marriage registered before the marriage registering authority.

6. Having considered the facts and circumstances as well as the statement of the parties who are present in the Court, I find it appropriate that the present applicant is entitled for regular bail. They shall get married with expedition, preferably within one month and thereafter shall apply for marriage registration.

7. If the parties apply for marriage registration before the competent authority, such exercise shall be completed strictly in accordance with law. The marriage registration certificate shall be shown to the learned trial court and learned trial court shall keep the photo copy of the same on record. The applicant shall look after the prosecutrix properly and shall provide all necessary and required means which are required to any person for livelihood

8. Accordingly, this interim bail order is made absolute in terms of earlier order.

9. Since the present applicant has submitted sureties and bonds in compliance of the aforesaid order dated 12.2.2025, therefore, there is no need to submit fresh sureties.

10. If the present applicant violates the aforesaid conditions, any appropriate application may be filed on behalf of prosecutrix or State to cancel the bail. . [Rajesh Singh Chauhan, J.] Order Date :- 24.2.2025 Om OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench