High Court · 2025

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 15.5.2025 in Case Crime No. 350 of 2025 u/s 69, 352, 351(3) B.N.S., P.S. Akbarpur, District Ambedkar Nagar. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. This Court has passed order dated 1.7.2025 which reads as under : "Heard learned counsel for the applicant and the learned AGA for the State. The present applicant is in jail since 15.05.2025, in case crime no. 350 of 2025, under Sections 69, 352, 351(3) of BNS at Police Station Akbarpur District Ambedkarnagar. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. The applicant is aged about 19 years whereas the prosecutrix is aged about 20 years so the allegation of physical relation on the pretext of false promise of marriage is wrong and misconceived. Learned counsel has further submitted that in the FIR as well as in her statement recorded under Section 180 and 183 BNSS, the prosecutrix has not indicated the exact date when both have established physical relation firstly. In both the aforesaid statements, the prosecutirx has given contradictory story inasmuch as in her statement recorded under Section 180 BNSS, she has stated that the Gram Pradhan has seen the applicant and prosecutrix when they were in school where they established physical relation, whereas in her statement recorded under Section 183 BNSS, the prosecutrix has stated that one lady had seen that incident at the school and called the Gram Pradhan at the place who intimated the family members of the prosecutrix. On being asked from the learned AGA as to whether the statement of Pradhan has been recorded, learned AGA has informed that the charge-sheet has been filed but the statement of Gram Pradhan has not been recorded. Considering the statement of the prosecutrix recorded under Sections 180 and 183 BNSS, the statement of Gram Pradhan should have been recorded. List this case on 7th July, 2025. On that date, the SHO/IO of P.S. Akbarpur District Ambedkarnagar shall appear in person along with the case diary to apprise the Court as to whether the statement of the Gram Pradhan has been recorded or not and if the same has not been recorded, the reason shall be apprised to the court as to why the statement of Gram Pradhan has not been recorded. The bail application shall be considered on the next date of listing. Learned AGA shall intimate this order to the SHO/IO concerned within 48 hours."

4. In compliance of the aforesaid order Sri Rakesh kharwar, Investigating Officer, P.S. Akbarpur, District Ambedkar Nagar is present in person along with SCD 01 dated 01.06.2025 time 15.00-18.00, the same is taken on record.

5. The Investigating Officer has informed that after submitting the charge-sheet before the Circle Officer concerned the Circle Officer returned the charge-sheet to the I.O. to record the statements of the Gram Pradhan, independent witness and other witnesses. Pursuant thereto the I.O. recorded the statement of Gram Pradhan Ms. Sarita Chauhan w/o Manoj Kumar Chauhan r/o Saidpur Bhitri, Vikas Khand Akbarpur, P.S. Malipur, District Ambedkar Nagar, one representative of the Gram Pradhan namely, Devendra Chauhan and one independent witness namely, Indrawati Devi w/o Ram Kishor.

6. In her statement Gram Pradhan Ms. Sarita Chauhan has sated that her work of Gram Pradhan is being looked after by her representative namely, Devendra Chauhan, who is her brother-in-law (Dewar). She had not gone to the place of incident and she was not called by independent witness Indrawati Devi. Her alleged representative, Devendra Chauhan, has also stated that he is looking after the work of Gram Panchayat on behalf of her sister-in-law (Bhabhi) and he was told by one Indrawati Devi about the fact that one boy and girl are present in the school. When the above named Devendra Chauhan reached the school he found that the present applicant along with the prosecutrix were present in the school, thereafter he called the family members of the prosecutrix and handed over both the persons to them. The independent witness, Indrawati Devi, who is 'Cook' of the institution in question has stated that on 10.5.2025 she saw that one boy and girl have entered into the institution in question, then she called Devendra Chauhan who later on reached the place and asked the girl and boy about their antecedents. Thereafter he called the family members of the prosecutrix and when the family members of the girl reached on the spot he handed over both the persons to them.

7. The perusal of the aforesaid statement reveals that the relation of the applicant and prosecutrix appears, prima- facie, consensual in nature, however, the aforesaid fact may be ascertained during the course of the trial but on the basis of the aforesaid fact the applicant is entitled for bail.

8. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

9. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

10. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that statement of independent witness reveals that the relation of the applicant and prosecutrix appears, prima-facie, consensual in nature and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

11. Bail application is allowed.

12. Let the applicant Sachin Rajbhar, involved in aforesaid case 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her under Section 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 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 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 / her in accordance with law.

13. Before parting with, I find it appropriate that this fact be brought into the notice of the District Magistrate, Ambedkar Nagar so that he could know that in certain Gram Panchayats there are two types of Gram Pradhans: one is the actual Gram Pradhan and another is proxy Gram Pradhan. I fail to understand as to how any proxy Gram Pradhan or representative may look after the affairs and work of Gram Panchayat in question. Therefore, the necessary exercise to that effect may be required so that the three tier democratic system may run properly.

14. Let the copy of this order be provided to the District Magistrate, Ambedkar Nagar by the Registry of this Court within three working days for perusal and necessary action, if so required. Order Date :- 7.7.2025/Om OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 15.5.2025 in Case Crime No. 350 of 2025 u/s 69, 352, 351(3) B.N.S., P.S. Akbarpur, District Ambedkar Nagar. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. This Court has passed order dated 1.7.2025 which reads as under : "Heard learned counsel for the applicant and the learned AGA for the State. The present applicant is in jail since 15.05.2025, in case crime no. 350 of 2025, under Sections 69, 352, 351(3) of BNS at Police Station Akbarpur District Ambedkarnagar. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. The applicant is aged about 19 years whereas the prosecutrix is aged about 20 years so the allegation of physical relation on the pretext of false promise of marriage is wrong and misconceived. Learned counsel has further submitted that in the FIR as well as in her statement recorded under Section 180 and 183 BNSS, the prosecutrix has not indicated the exact date when both have established physical relation firstly. In both the aforesaid statements, the prosecutirx has given contradictory story inasmuch as in her statement recorded under Section 180 BNSS, she has stated that the Gram Pradhan has seen the applicant and prosecutrix when they were in school where they established physical relation, whereas in her statement recorded under Section 183 BNSS, the prosecutrix has stated that one lady had seen that incident at the school and called the Gram Pradhan at the place who intimated the family members of the prosecutrix. On being asked from the learned AGA as to whether the statement of Pradhan has been recorded, learned AGA has informed that the charge-sheet has been filed but the statement of Gram Pradhan has not been recorded. Considering the statement of the prosecutrix recorded under Sections 180 and 183 BNSS, the statement of Gram Pradhan should have been recorded. List this case on 7th July, 2025. On that date, the SHO/IO of P.S. Akbarpur District Ambedkarnagar shall appear in person along with the case diary to apprise the Court as to whether the statement of the Gram Pradhan has been recorded or not and if the same has not been recorded, the reason shall be apprised to the court as to why the statement of Gram Pradhan has not been recorded. The bail application shall be considered on the next date of listing. Learned AGA shall intimate this order to the SHO/IO concerned within 48 hours."

4. In compliance of the aforesaid order Sri Rakesh kharwar, Investigating Officer, P.S. Akbarpur, District Ambedkar Nagar is present in person along with SCD 01 dated 01.06.2025 time 15.00-18.00, the same is taken on record.

5. The Investigating Officer has informed that after submitting the charge-sheet before the Circle Officer concerned the Circle Officer returned the charge-sheet to the I.O. to record the statements of the Gram Pradhan, independent witness and other witnesses. Pursuant thereto the I.O. recorded the statement of Gram Pradhan Ms. Sarita Chauhan w/o Manoj Kumar Chauhan r/o Saidpur Bhitri, Vikas Khand Akbarpur, P.S. Malipur, District Ambedkar Nagar, one representative of the Gram Pradhan namely, Devendra Chauhan and one independent witness namely, Indrawati Devi w/o Ram Kishor.

6. In her statement Gram Pradhan Ms. Sarita Chauhan has sated that her work of Gram Pradhan is being looked after by her representative namely, Devendra Chauhan, who is her brother-in-law (Dewar). She had not gone to the place of incident and she was not called by independent witness Indrawati Devi. Her alleged representative, Devendra Chauhan, has also stated that he is looking after the work of Gram Panchayat on behalf of her sister-in-law (Bhabhi) and he was told by one Indrawati Devi about the fact that one boy and girl are present in the school. When the above named Devendra Chauhan reached the school he found that the present applicant along with the prosecutrix were present in the school, thereafter he called the family members of the prosecutrix and handed over both the persons to them. The independent witness, Indrawati Devi, who is 'Cook' of the institution in question has stated that on 10.5.2025 she saw that one boy and girl have entered into the institution in question, then she called Devendra Chauhan who later on reached the place and asked the girl and boy about their antecedents. Thereafter he called the family members of the prosecutrix and when the family members of the girl reached on the spot he handed over both the persons to them.

7. The perusal of the aforesaid statement reveals that the relation of the applicant and prosecutrix appears, prima- facie, consensual in nature, however, the aforesaid fact may be ascertained during the course of the trial but on the basis of the aforesaid fact the applicant is entitled for bail.

8. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

9. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

10. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that statement of independent witness reveals that the relation of the applicant and prosecutrix appears, prima-facie, consensual in nature and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

11. Bail application is allowed.

12. Let the applicant Sachin Rajbhar, involved in aforesaid case 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her under Section 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 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 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 / her in accordance with law.

13. Before parting with, I find it appropriate that this fact be brought into the notice of the District Magistrate, Ambedkar Nagar so that he could know that in certain Gram Panchayats there are two types of Gram Pradhans: one is the actual Gram Pradhan and another is proxy Gram Pradhan. I fail to understand as to how any proxy Gram Pradhan or representative may look after the affairs and work of Gram Panchayat in question. Therefore, the necessary exercise to that effect may be required so that the three tier democratic system may run properly.

14. Let the copy of this order be provided to the District Magistrate, Ambedkar Nagar by the Registry of this Court within three working days for perusal and necessary action, if so required. Order Date :- 7.7.2025/Om OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench