High Court · 2025

1. Learned counsel for the applicant has filed rejoinder affidavit today in Court. The same is taken on record.

2. Heard Sri R.P.Mishra along with Sri Vinay Kumar Tiwari, learned counsel for the applicant as well as Sri Gaurav Mishra, Advocate holding brief of Sri Hemant Mishra and Sri Ran Vijay Singh, learned Additional Government Advocate for the State.

3. As per learned counsel for the applicant, the present applicant (Abhishek Kori @ Abhishek) is languishing in jail since 12.08.2024 in Case Crime No. 238/2024, under Sections 376(3), 504, 506 I.P.C. and Section 5J(2)/6 POCSO Act, Police Station Nawabganj, District Gonda.

4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

5. Learned counsel for the applicant has further submitted that the applicant was in affairs with the prosecutrix and they got married in a temple, however, both have not attained the marriageable age. From the aforesaid wedlock, the prosecutrix became pregnant and now she has given birth of one male child on 01.09.2024. In the Birth Certificate of that child, the name of the father has been indicated as Abhishek Kori, the present applicant.

6. Attention has been drawn towards paragraph 6 and 8 of the rejoinder affidavit, wherein it has been indicated that the present applicant is the father of the child, as D.N.A. sample has matched and the present applicant is ready to keep the prosecutrix and child with him. The applicant shall look after the prosecutrix and child properly. The rejoinder affidavit has been filed by the father of the applicant, therefore, learned counsel for the applicant has stated that not only the present applicant but the parents of the applicant are ready to look after the prosecutrix and child.

7. Learned counsel for the applicant has further submitted that as soon as the applicant and prosecutrix attained the marriageable age, they shall enter into social marriage and shall get their marriage registered before the marriage registration authority.

8. Learned counsel for the informant has submitted that though the present applicant has committed offence establishing physical relation with the minor girl, but one child has born with the relation of the applicant and prosecutrix and the father of the applicant as well as applicant has given undertaking that they shall look after the prosecutrix and child, therefore, he has nothing to say.

9. Learned A.G.A. has also opposed the aforesaid bail application by submitting that the applicant and prosecutrix are minor. The present applicant has committed offence for which the impugned F.I.R. has been lodged, therefore, the direction may be issued to the applicant to cooperate in the trial proceedings.

10. On that, learned counsel for the applicant has stated that the applicant shall cooperate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order.

11. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is the father of the child, as D.N.A. sample has matched and not only the present applicant but the parents of the applicant are ready to look after the prosecutrix and child; the present applicant is having no prior criminal history of any kind whatsoever and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceeding properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

12. Accordingly, the instant bail application is allowed.

13. Let the applicant (Abhishek Kori @ Abhishek) 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 sufficient 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 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. The present applicant shall not leave the the Court. country without prior permission of Order Date :- 4.7.2025 Arvind (Rajesh Singh Chauhan,J) ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

1. Learned counsel for the applicant has filed rejoinder affidavit today in Court. The same is taken on record.

2. Heard Sri R.P.Mishra along with Sri Vinay Kumar Tiwari, learned counsel for the applicant as well as Sri Gaurav Mishra, Advocate holding brief of Sri Hemant Mishra and Sri Ran Vijay Singh, learned Additional Government Advocate for the State.

3. As per learned counsel for the applicant, the present applicant (Abhishek Kori @ Abhishek) is languishing in jail since 12.08.2024 in Case Crime No. 238/2024, under Sections 376(3), 504, 506 I.P.C. and Section 5J(2)/6 POCSO Act, Police Station Nawabganj, District Gonda.

4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

5. Learned counsel for the applicant has further submitted that the applicant was in affairs with the prosecutrix and they got married in a temple, however, both have not attained the marriageable age. From the aforesaid wedlock, the prosecutrix became pregnant and now she has given birth of one male child on 01.09.2024. In the Birth Certificate of that child, the name of the father has been indicated as Abhishek Kori, the present applicant.

6. Attention has been drawn towards paragraph 6 and 8 of the rejoinder affidavit, wherein it has been indicated that the present applicant is the father of the child, as D.N.A. sample has matched and the present applicant is ready to keep the prosecutrix and child with him. The applicant shall look after the prosecutrix and child properly. The rejoinder affidavit has been filed by the father of the applicant, therefore, learned counsel for the applicant has stated that not only the present applicant but the parents of the applicant are ready to look after the prosecutrix and child.

7. Learned counsel for the applicant has further submitted that as soon as the applicant and prosecutrix attained the marriageable age, they shall enter into social marriage and shall get their marriage registered before the marriage registration authority.

8. Learned counsel for the informant has submitted that though the present applicant has committed offence establishing physical relation with the minor girl, but one child has born with the relation of the applicant and prosecutrix and the father of the applicant as well as applicant has given undertaking that they shall look after the prosecutrix and child, therefore, he has nothing to say.

9. Learned A.G.A. has also opposed the aforesaid bail application by submitting that the applicant and prosecutrix are minor. The present applicant has committed offence for which the impugned F.I.R. has been lodged, therefore, the direction may be issued to the applicant to cooperate in the trial proceedings.

10. On that, learned counsel for the applicant has stated that the applicant shall cooperate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order.

11. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is the father of the child, as D.N.A. sample has matched and not only the present applicant but the parents of the applicant are ready to look after the prosecutrix and child; the present applicant is having no prior criminal history of any kind whatsoever and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceeding properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

12. Accordingly, the instant bail application is allowed.

13. Let the applicant (Abhishek Kori @ Abhishek) 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 sufficient 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 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. The present applicant shall not leave the the Court. country without prior permission of Order Date :- 4.7.2025 Arvind (Rajesh Singh Chauhan,J) ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench