High Court · 2025

Sri Rajesh Kumar Agnihotri, advocate, has put in appearance by way of filing vakalatnama on behalf of the complainant and the same is taken on record. Learned counsel appearing for the complainant submits that he will not file counter affidavit. Heard counsel for the applicant, counsel for the complainant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 339 of 2024 under sections 74 and 79 B.N.S., 2023 and section 9/10 of the Protection of Children From Sexual Offences Act, 2012 P.S.-Jankipuram District - Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the whole story of prosecution is false and vague as no specific date & time is mentioned in the first information report. He next submits that the age of the applicant is more than 18 years though, it is alleged as 17 years in the first information report. Next submitted that the first information report has been lodged due to animosity and no such incident has ever been taken place. He also added that there is no cogent piece of evidence against the applicant so as to connect him in the offence and he has also shown the other falsity in the story of prosecution. Adding his arguments, he submits that the applicant has no previous criminal history as is mentioned in paragraph no. 30 of the affidavit filed in support of the bail application and he is a reputed person in the society and he was never involved in committing offence. He next added that the applicant is languishing in jail since 20.12.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Learned counsel appearing for the complainant do not oppose the contentions aforesaid. Learned A.G.A. appearing for the State has opposed the contentions of counsel for the applicant on merits and submits that there are specific allegations against the applicant for committing offence and after thorough investigation it is found that he was involved in committing offence and as such, chargesheet has been filed thus, submission is that he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that counsel for the complainant has opted not to file counter affidavit and even he do not oppose the contentions of counsel for the applicant. This Court has also noticed the fact that there is no specific mentioning of place & time of the incident in the first information report; further, chargesheet has been filed as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses; the applicant is languishing in jail since 20.12.2024; the applicant has no previous criminal history as is mentioned in paragraph no. 30 of the affidavit filed in support of the bail application coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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 fit case of bail. Let the applicant- Ram Sardar Tiwari @ R.S Tiwari involved in the aforementioned 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:- (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.; and (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. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 3.3.2025 Mayank MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sri Rajesh Kumar Agnihotri, advocate, has put in appearance by way of filing vakalatnama on behalf of the complainant and the same is taken on record. Learned counsel appearing for the complainant submits that he will not file counter affidavit. Heard counsel for the applicant, counsel for the complainant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 339 of 2024 under sections 74 and 79 B.N.S., 2023 and section 9/10 of the Protection of Children From Sexual Offences Act, 2012 P.S.-Jankipuram District - Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the whole story of prosecution is false and vague as no specific date & time is mentioned in the first information report. He next submits that the age of the applicant is more than 18 years though, it is alleged as 17 years in the first information report. Next submitted that the first information report has been lodged due to animosity and no such incident has ever been taken place. He also added that there is no cogent piece of evidence against the applicant so as to connect him in the offence and he has also shown the other falsity in the story of prosecution. Adding his arguments, he submits that the applicant has no previous criminal history as is mentioned in paragraph no. 30 of the affidavit filed in support of the bail application and he is a reputed person in the society and he was never involved in committing offence. He next added that the applicant is languishing in jail since 20.12.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Learned counsel appearing for the complainant do not oppose the contentions aforesaid. Learned A.G.A. appearing for the State has opposed the contentions of counsel for the applicant on merits and submits that there are specific allegations against the applicant for committing offence and after thorough investigation it is found that he was involved in committing offence and as such, chargesheet has been filed thus, submission is that he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that counsel for the complainant has opted not to file counter affidavit and even he do not oppose the contentions of counsel for the applicant. This Court has also noticed the fact that there is no specific mentioning of place & time of the incident in the first information report; further, chargesheet has been filed as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses; the applicant is languishing in jail since 20.12.2024; the applicant has no previous criminal history as is mentioned in paragraph no. 30 of the affidavit filed in support of the bail application coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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 fit case of bail. Let the applicant- Ram Sardar Tiwari @ R.S Tiwari involved in the aforementioned 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:- (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.; and (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. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 3.3.2025 Mayank MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench