Awadhesh Yadav v. State of U.P.) wherein this Court had called the prosecutrix and

1. Heard Mohd. Fakhruddin Ali Ahmad, learned counsel for the applicant and Shri Arun Kumar Verma, learned A.G.A. for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 19.09.2024, in FIR/ Case Crime No. 419 of 2024, under Sections 70(1), 127(2), 143(2), 144(2) BNS, Police Station- Thakurganj, District- Lucknow.

3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the allegation has been levelled against six accused persons including the present applicant.

4. Learned counsel for the applicant has also drawn attention of this Court towards the bail order of Awadhesh Yadav bearing number CRIMINAL MISC. BAIL APPLICATION No. - 12499 of 2024 (Awadhesh Yadav Vs. State of U.P.) wherein this Court had called the prosecutrix and the prosecutrix stated before this Court that she has got married with the brother of Awadhesh Yadav namely Sarwan Kumar and she is willing to live with him. The father of Awadhesh Yadav was also present in the Court and he stated that he will arrange the social marriage of his son Sarwan with the prosecutrix and he considers the prosecutrix as his daughter-in-law and he shall take care of her properly. On the aforesaid submission, this Court granted bail to Awadhesh Yadav on 18.12.2024 (The bail order has been annexed as Annexure No. 5 to this bail application). Further, in a bail application of Sarwan Kumar @ Sarwan Yadav bearing number CRIMINAL MISC. BAIL APPLICATION No. - 13267 of 2024 (Sarwan Kumar @ Sarwan Yadav Vs. State of U.P.), this fact has been considered. One more fact has been considered that the prosecutrix was having one girl child of two months from the wedlock with the co-accused Sarwan Kumar. On the basis of undertaking of Sarwan Kumar and his father that they shall take care of the prosecutrix and her child properly, the bail of Sarwan Kumar was granted on 20.12.2024 (The bail order has been annexed as Annexure No. 5 to this bail application).

5. It is stated that the present applicant is not related to the aforesaid accused persons and as per the allegation, he had extended his help in enticing the prosecutrix. Since the prosecutrix is living happily with her husband namely Sarwan Kumar @ Sarwan Yadav and his brother Awadhesh Yadav has also been granted bail, therefore, the present applicant may also be granted bail on the basis of principles of parity. It is stated that the applicant has no prior criminal history of any kind whatsoever.

6. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail.

7. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

8. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that since co-accused persons namely Sarwan Kumar @ Sarwan Yadav (husband of the prosecutrix) and Awadhesh Yadav (brother of the husband of the prosecutrix) have already been enlarged on bail; the applicant has no prior criminal history of any kind whatsoever and the undertaking of the applicant that he shall co- operate in the trial proceedings and shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order, I find it appropriate to release the applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let the applicant- Kamal Kumar 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 sufÏcient 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 sufÏcient 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 present applicant shall not leave the country without prior permission of the Court. (Rajesh Singh Chauhan,J.) Order Date :- 18.2.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Mohd. Fakhruddin Ali Ahmad, learned counsel for the applicant and Shri Arun Kumar Verma, learned A.G.A. for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 19.09.2024, in FIR/ Case Crime No. 419 of 2024, under Sections 70(1), 127(2), 143(2), 144(2) BNS, Police Station- Thakurganj, District- Lucknow.

3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the allegation has been levelled against six accused persons including the present applicant.

4. Learned counsel for the applicant has also drawn attention of this Court towards the bail order of Awadhesh Yadav bearing number CRIMINAL MISC. BAIL APPLICATION No. - 12499 of 2024 (Awadhesh Yadav Vs. State of U.P.) wherein this Court had called the prosecutrix and the prosecutrix stated before this Court that she has got married with the brother of Awadhesh Yadav namely Sarwan Kumar and she is willing to live with him. The father of Awadhesh Yadav was also present in the Court and he stated that he will arrange the social marriage of his son Sarwan with the prosecutrix and he considers the prosecutrix as his daughter-in-law and he shall take care of her properly. On the aforesaid submission, this Court granted bail to Awadhesh Yadav on 18.12.2024 (The bail order has been annexed as Annexure No. 5 to this bail application). Further, in a bail application of Sarwan Kumar @ Sarwan Yadav bearing number CRIMINAL MISC. BAIL APPLICATION No. - 13267 of 2024 (Sarwan Kumar @ Sarwan Yadav Vs. State of U.P.), this fact has been considered. One more fact has been considered that the prosecutrix was having one girl child of two months from the wedlock with the co-accused Sarwan Kumar. On the basis of undertaking of Sarwan Kumar and his father that they shall take care of the prosecutrix and her child properly, the bail of Sarwan Kumar was granted on 20.12.2024 (The bail order has been annexed as Annexure No. 5 to this bail application).

5. It is stated that the present applicant is not related to the aforesaid accused persons and as per the allegation, he had extended his help in enticing the prosecutrix. Since the prosecutrix is living happily with her husband namely Sarwan Kumar @ Sarwan Yadav and his brother Awadhesh Yadav has also been granted bail, therefore, the present applicant may also be granted bail on the basis of principles of parity. It is stated that the applicant has no prior criminal history of any kind whatsoever.

6. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail.

7. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

8. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that since co-accused persons namely Sarwan Kumar @ Sarwan Yadav (husband of the prosecutrix) and Awadhesh Yadav (brother of the husband of the prosecutrix) have already been enlarged on bail; the applicant has no prior criminal history of any kind whatsoever and the undertaking of the applicant that he shall co- operate in the trial proceedings and shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order, I find it appropriate to release the applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let the applicant- Kamal Kumar 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 sufÏcient 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 sufÏcient 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 present applicant shall not leave the country without prior permission of the Court. (Rajesh Singh Chauhan,J.) Order Date :- 18.2.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench