High Court · 2025

5. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

6. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR/ Case Crime No. 198 of 2024, under Sections 137(2), 87, 65 of BNS and Section 3/4 of POCSO Act, Police Station Panchdevra, District Hardoi.

7. 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 applicant is of 20 years of age and suffering for his no part. He has drawn attention of this Court towards the statement of the victim, which was recorded before the trial court on 16.04.2025, wherein the victim has denied the story rather she has stated that on instance of her father, she stated her statement under Section 183 of BNSS before the trial court against the applicant. He next submits that the story of the prosecution is demolished after the statement of the victim is recorded by the trial court and the matter would not lead to the punishment. He further submits that the life and the academic career of the applicant would be ruined if he is not been released from jail. He also submits that the applicant is languishing in jail since 29.11.2024 and he has no previous criminal history 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. Thus, submission is that he may be enlarged on bail.

8. On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that there are serious allegation against the applicant for committing offence and further the scientific reports are also supporting version of the prosecution. Further submitted that the statement of the victim under Section 183 BNSS also supports the version of the prosecution. Thus, submission is that the applicant is not entitled for any relief.

9. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the statement of the victim has been recorded on 16.04.2025 before the trial court wherein she solely denied the story of the prosecution and submitted that on the force of her father she had given statement against the applicant under Section 183 BNSS. Further, as argued by learned counsel for the State that scientific evidences supports the case of prosecution but so far as the settled proposition of law the scientific evidences or the opinion will not demolish the strength of the statement of the victim or witness. Further, the applicant has no previous criminal history and there is no complaint that he has ever interrupted in any kind of investigation or trial. The applicant is languishing in jail since 29.11.2024 and there is no cogent piece of evidence against the applicant so as to connect him with the offence 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.

10. 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.

11. Let the applicant- Arvind 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 IPC (Now Section 269 BNS); (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. (Now Section 351 BNSS); 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. (Now Section 84 BNSS) 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 IPC (Now Section 209 BNS). 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 :- 24.6.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

5. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

6. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR/ Case Crime No. 198 of 2024, under Sections 137(2), 87, 65 of BNS and Section 3/4 of POCSO Act, Police Station Panchdevra, District Hardoi.

7. 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 applicant is of 20 years of age and suffering for his no part. He has drawn attention of this Court towards the statement of the victim, which was recorded before the trial court on 16.04.2025, wherein the victim has denied the story rather she has stated that on instance of her father, she stated her statement under Section 183 of BNSS before the trial court against the applicant. He next submits that the story of the prosecution is demolished after the statement of the victim is recorded by the trial court and the matter would not lead to the punishment. He further submits that the life and the academic career of the applicant would be ruined if he is not been released from jail. He also submits that the applicant is languishing in jail since 29.11.2024 and he has no previous criminal history 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. Thus, submission is that he may be enlarged on bail.

8. On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that there are serious allegation against the applicant for committing offence and further the scientific reports are also supporting version of the prosecution. Further submitted that the statement of the victim under Section 183 BNSS also supports the version of the prosecution. Thus, submission is that the applicant is not entitled for any relief.

9. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the statement of the victim has been recorded on 16.04.2025 before the trial court wherein she solely denied the story of the prosecution and submitted that on the force of her father she had given statement against the applicant under Section 183 BNSS. Further, as argued by learned counsel for the State that scientific evidences supports the case of prosecution but so far as the settled proposition of law the scientific evidences or the opinion will not demolish the strength of the statement of the victim or witness. Further, the applicant has no previous criminal history and there is no complaint that he has ever interrupted in any kind of investigation or trial. The applicant is languishing in jail since 29.11.2024 and there is no cogent piece of evidence against the applicant so as to connect him with the offence 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.

10. 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.

11. Let the applicant- Arvind 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 IPC (Now Section 269 BNS); (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. (Now Section 351 BNSS); 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. (Now Section 84 BNSS) 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 IPC (Now Section 209 BNS). 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 :- 24.6.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench