Ashish vs State Of U.P. Thru. Prin. Secy. Home Deptt. Lko

2. Heard learned counsel for the appellant, learned AGA for the State of U.P. and perused the record.

3. By means of instant appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 the appellant has challenged the impugned order dated impugned order dated 03.02.2025 passed by Special Judge, SC/ST (P.A.) Act, Hardoi in Bail Application No. 261 of 2025 arising out of Case Crime No. 0407 of 2024, under Sections- 87, 64(2)(m), 332(b) Bhartiya Nyay Sanhita, 2023 (in short "B.N.S.") and Section- 3(2)(V) S.C/S.T Act, P.S.- Kachhauna, District- Hardoi.

4. While pressing the instant appeal seeking bail, learned counsel for the appellant stated that the appellant having no criminal history is languishing in jail since 09.01.2025 and in the pending criminal case arising out of Case Crime No. 0407 of 2024, under Sections- 87, 64(2)(m), 332(b) B.N.S. and Section 3(2)(V) of SC/ST Act, Police Station- Kachhauna, District- Hardoi, the charge sheet has already been filed and in this view of the matter the appellant is not in a position to influence the witnesses of prosecution or tamper the evidence already available on record of the trial court.

5. It is further stated the alleged prosecutrix/victim aged about 24 years at the time of incident left her parental house on 01.12.2024 and therefore the opposite party No.2/Smt. Rajkumari (mother of the prosecutrix/victim) 2 CRLA No. 1682 of 2025 lodged the FIR in issue i.e. FIR No. 0407/2024 making allegations therein so as to attract the offence as indicated under Section-87 B.N.S. at Police Station- Kachhauna, District- Hardoi, as per which some unknown person enticed away the prosecutrix/victim.

6. It is further stated that the victim willingly appeared before the In-charge Police Station- Kachhauna, District- Hardoi on 31.12.2024 and submitted a written note, wherein no allegation was levelled against the appellant.

7. It is further stated that according to the statement of prosecutrix/victim recorded in terms of Section 180 B.N.S.S., the appellant and victim were having affair and at the behest of appellant, the victim left her parental house and accompanied the appellant to Telangana without raising any alarm and solemnized marriage with the appellant there and thereafter the victim accompanied the appellant to Delhi.

8. It is further stated the allegation levelled by the victim while making her statement in terms of Section 180 B.N.S.S. that the appellant established physical relations with her forcefully is not correct, as this statement was given by the prosecutrix/victim when she was in the custody of her parents.

9. It is further stated that in the same tune, the prosecutrix/victim stated before the Magistrate concerned while making her statement in terms of Section 183 B.N.S.S.

10. It is also stated that the statement(s) of prosecutrix/victim recorded in terms of Sections 180 and 183 B.N.S.S. would indicate that it is a case of consent.

11. It is further stated that medical opinion does not support the story of prosecution related to establishing physical relations with victim forcefully, as upon due medical examination no injury either external or internal was found by the doctor concerned over the body of victim.

12. It is further stated that taking note of aforesaid facts and circumstances of the case as also that the appellant is in jail since 09.01.2025, indulgence of this Court is required in the matter and the impugned order is liable to be set aside and the appeal is liable to be allowed.

13. 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.

14. 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., medical report as well as other relevant documents and also the statement(s) of prosecutrix/victim recorded in terms of Sections 180 and 183 B.N.S.S.

15. Upon due consideration of above facts and circumstances including the statement(s) of the victim recorded in terms of Sections 180 and 183 B.N.S.S. and contents of the FIR as also 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. 3 CRLA No. 1682 of 2025

16. The impugned order dated 03.02.2025 passed by Special Judge, SC/ST (P.A.) Act, Hardoi in Bail Application No. 261 of 2025 arising out of Case Crime No. 0407 of 2024, under Sections- 87, 64(2)(m), 332(b) Bhartiya Nyay Sanhita, 2023 (in short "B.N.S.") and Section- 3(2)(V) S.C/S.T Act, P.S.- Kachhauna, District- Hardoi is hereby set aside.

17. Let the appellant- Ashish be released on bail in the aforesaid case crime number on her 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.

18. 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. November 27, 2025 Arun/- (Saurabh Lavania,J.) ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

2. Heard learned counsel for the appellant, learned AGA for the State of U.P. and perused the record.

3. By means of instant appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 the appellant has challenged the impugned order dated impugned order dated 03.02.2025 passed by Special Judge, SC/ST (P.A.) Act, Hardoi in Bail Application No. 261 of 2025 arising out of Case Crime No. 0407 of 2024, under Sections- 87, 64(2)(m), 332(b) Bhartiya Nyay Sanhita, 2023 (in short "B.N.S.") and Section- 3(2)(V) S.C/S.T Act, P.S.- Kachhauna, District- Hardoi.

4. While pressing the instant appeal seeking bail, learned counsel for the appellant stated that the appellant having no criminal history is languishing in jail since 09.01.2025 and in the pending criminal case arising out of Case Crime No. 0407 of 2024, under Sections- 87, 64(2)(m), 332(b) B.N.S. and Section 3(2)(V) of SC/ST Act, Police Station- Kachhauna, District- Hardoi, the charge sheet has already been filed and in this view of the matter the appellant is not in a position to influence the witnesses of prosecution or tamper the evidence already available on record of the trial court.

5. It is further stated the alleged prosecutrix/victim aged about 24 years at the time of incident left her parental house on 01.12.2024 and therefore the opposite party No.2/Smt. Rajkumari (mother of the prosecutrix/victim) 2 CRLA No. 1682 of 2025 lodged the FIR in issue i.e. FIR No. 0407/2024 making allegations therein so as to attract the offence as indicated under Section-87 B.N.S. at Police Station- Kachhauna, District- Hardoi, as per which some unknown person enticed away the prosecutrix/victim.

6. It is further stated that the victim willingly appeared before the In-charge Police Station- Kachhauna, District- Hardoi on 31.12.2024 and submitted a written note, wherein no allegation was levelled against the appellant.

7. It is further stated that according to the statement of prosecutrix/victim recorded in terms of Section 180 B.N.S.S., the appellant and victim were having affair and at the behest of appellant, the victim left her parental house and accompanied the appellant to Telangana without raising any alarm and solemnized marriage with the appellant there and thereafter the victim accompanied the appellant to Delhi.

8. It is further stated the allegation levelled by the victim while making her statement in terms of Section 180 B.N.S.S. that the appellant established physical relations with her forcefully is not correct, as this statement was given by the prosecutrix/victim when she was in the custody of her parents.

9. It is further stated that in the same tune, the prosecutrix/victim stated before the Magistrate concerned while making her statement in terms of Section 183 B.N.S.S.

10. It is also stated that the statement(s) of prosecutrix/victim recorded in terms of Sections 180 and 183 B.N.S.S. would indicate that it is a case of consent.

11. It is further stated that medical opinion does not support the story of prosecution related to establishing physical relations with victim forcefully, as upon due medical examination no injury either external or internal was found by the doctor concerned over the body of victim.

12. It is further stated that taking note of aforesaid facts and circumstances of the case as also that the appellant is in jail since 09.01.2025, indulgence of this Court is required in the matter and the impugned order is liable to be set aside and the appeal is liable to be allowed.

13. 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.

14. 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., medical report as well as other relevant documents and also the statement(s) of prosecutrix/victim recorded in terms of Sections 180 and 183 B.N.S.S.

15. Upon due consideration of above facts and circumstances including the statement(s) of the victim recorded in terms of Sections 180 and 183 B.N.S.S. and contents of the FIR as also 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. 3 CRLA No. 1682 of 2025

16. The impugned order dated 03.02.2025 passed by Special Judge, SC/ST (P.A.) Act, Hardoi in Bail Application No. 261 of 2025 arising out of Case Crime No. 0407 of 2024, under Sections- 87, 64(2)(m), 332(b) Bhartiya Nyay Sanhita, 2023 (in short "B.N.S.") and Section- 3(2)(V) S.C/S.T Act, P.S.- Kachhauna, District- Hardoi is hereby set aside.

17. Let the appellant- Ashish be released on bail in the aforesaid case crime number on her 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.

18. 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. November 27, 2025 Arun/- (Saurabh Lavania,J.) ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench