High Court · 2025

1. Service upon the respondent Nos.2 and 3 is sufficient as appears from Annexure No.CA-1 of the counter affidavit filed by the State and the letter dated 18.06.2025 of the C.J.M., Lakhimpur Kheri. However, when the case was called out, no one appeared on behalf of the respondent Nos.2 and 3 to oppose the instant appeal. Learned AGA is present for the State. In this background of the case, this court proceeded to hear the present appeal.

2. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 04.03.2025, passed by Special Judge, SC/ST (P.A.) Act, Lakhimpur Kheri in Bail Application No. 73 of 2025 (Computerized Case No.569 of 2025), arising out of Case Crime No.838 of 2024, under Sections 137 (2), 87 of the B.N.S. and Section 3 (2) V of SC/ST Act, Police Station - Kotwali Sadar, District - Lakhimpur Kheri.

4. While pressing the instant appeal, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case.

5. It is stated that according to the prosecution story indicated in the F.I.R., the appellant enticed away the minor daughter of the informant, who, according to the case of the prosecution at the relevant point of time was aged about 14 years and was the student of Class 8 at G.G.I.C.

6. It is further submitted that the allegations leveled in the F.I.R. are completely false as would appear from the statement of the victim recorded under Section 180 and 183 of B.N.S.S. (Annexure No.2 and 3 to the present appeal).

7. Based upon Annexure No.2, which is the copy of the statement of the victim recorded under Section 180 of BNSS, it is stated that the victim on her own volition left her parental house and accompanied the appellant and reached the Railway Station Lakhimpur Kheri from where she along with the appellant reached at Delhi and from there both went to State of Punjab and stayed there for about 20 days in a rented accommodation. However, physical relations were not established.

8. Based upon the statement of the victim recorded under Section 183 of BNSS, copy of which has been annexed as Annexure No.3 to the present appeal, it is stated that in the same tune the victim stated before the concerned Magistrate. In continuation, it is stated that from a perusal of this statement it is apparent that the victim was inclined to marry the appellant, however, she did not solemnize the marriage on account of the fact that she was not major and on her own volition left her parental house and accompanied the appellant and reached the Railway Station - Lakhimpur Kheri from where she along with the appellant reached at Delhi, from there they both went to State of Punjab and stayed there for about 20 days in a rented accommodation.

9. It is also submitted that there is no genuine proof with the prosecution to establish that the victim was a minor, as no school certificate has been placed on record.

10. In these circumstances, the appellant is entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

11. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel.

12. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents.

13. Upon due consideration of above facts and circumstances including the statement (s) of victim and keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed.

14. Order dated 04.03.2025, passed by Additional District and Sessions Judge/Special Judge, SC/ST (P.A.) Act, Lakhimpur Kheri in Bail Application No.73 of 2025 (Computerized Case No.569 of 2025), arising out of Case Crime No.838 of 2024, under Sections 137 (2), 87 of the B.N.S. and Section 3 (2) V of SC/ST Act, Police Station - Kotwali Sadar, District - Lakhimpur Kheri is hereby set aside.

15. Let the appellant - Abhishek Pandey be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (v) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

16. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

17. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 9.7.2025 ML/- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

1. Service upon the respondent Nos.2 and 3 is sufficient as appears from Annexure No.CA-1 of the counter affidavit filed by the State and the letter dated 18.06.2025 of the C.J.M., Lakhimpur Kheri. However, when the case was called out, no one appeared on behalf of the respondent Nos.2 and 3 to oppose the instant appeal. Learned AGA is present for the State. In this background of the case, this court proceeded to hear the present appeal.

2. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 04.03.2025, passed by Special Judge, SC/ST (P.A.) Act, Lakhimpur Kheri in Bail Application No. 73 of 2025 (Computerized Case No.569 of 2025), arising out of Case Crime No.838 of 2024, under Sections 137 (2), 87 of the B.N.S. and Section 3 (2) V of SC/ST Act, Police Station - Kotwali Sadar, District - Lakhimpur Kheri.

4. While pressing the instant appeal, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case.

5. It is stated that according to the prosecution story indicated in the F.I.R., the appellant enticed away the minor daughter of the informant, who, according to the case of the prosecution at the relevant point of time was aged about 14 years and was the student of Class 8 at G.G.I.C.

6. It is further submitted that the allegations leveled in the F.I.R. are completely false as would appear from the statement of the victim recorded under Section 180 and 183 of B.N.S.S. (Annexure No.2 and 3 to the present appeal).

7. Based upon Annexure No.2, which is the copy of the statement of the victim recorded under Section 180 of BNSS, it is stated that the victim on her own volition left her parental house and accompanied the appellant and reached the Railway Station Lakhimpur Kheri from where she along with the appellant reached at Delhi and from there both went to State of Punjab and stayed there for about 20 days in a rented accommodation. However, physical relations were not established.

8. Based upon the statement of the victim recorded under Section 183 of BNSS, copy of which has been annexed as Annexure No.3 to the present appeal, it is stated that in the same tune the victim stated before the concerned Magistrate. In continuation, it is stated that from a perusal of this statement it is apparent that the victim was inclined to marry the appellant, however, she did not solemnize the marriage on account of the fact that she was not major and on her own volition left her parental house and accompanied the appellant and reached the Railway Station - Lakhimpur Kheri from where she along with the appellant reached at Delhi, from there they both went to State of Punjab and stayed there for about 20 days in a rented accommodation.

9. It is also submitted that there is no genuine proof with the prosecution to establish that the victim was a minor, as no school certificate has been placed on record.

10. In these circumstances, the appellant is entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

11. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel.

12. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents.

13. Upon due consideration of above facts and circumstances including the statement (s) of victim and keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed.

14. Order dated 04.03.2025, passed by Additional District and Sessions Judge/Special Judge, SC/ST (P.A.) Act, Lakhimpur Kheri in Bail Application No.73 of 2025 (Computerized Case No.569 of 2025), arising out of Case Crime No.838 of 2024, under Sections 137 (2), 87 of the B.N.S. and Section 3 (2) V of SC/ST Act, Police Station - Kotwali Sadar, District - Lakhimpur Kheri is hereby set aside.

15. Let the appellant - Abhishek Pandey be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (v) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

16. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

17. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 9.7.2025 ML/- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench