High Court · 2025

1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant and Sri Rajnish Verma, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 18.5.2025 in Case Crime No. 172 of 2025, u/s 238, 108, 115(2), 352, 351(3) BNS, P.S. Kachhauna, District Hardoi. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. Attention has been drawn towards impugned F.I.R. wherein the allegations have been levelled against nine accused persons including the present applicant, however, charge-sheet has been filed only against the present applicant. This fact indicates that the allegations of the impugned F.I.R. were based on false, misconceived and concocted allegations inasmuch as had the allegations been correct the charge-sheet would have been filed against more persons. The victim (since deceased)was the step sister of the present applicant and the step mother of the present applicant who is mother of the victim as firstly levelled allegation against him that he established physical relation with her but in subsequent statement she has stated that his daughter had gone outside without informing the family members and when she returned the present applicant cautioned her for not repeating the same again.

4. Learned counsel for the applicant has stated that as a matter of fact there is apparent variation in the prosecution story right from the F.I.R. to recording of statements. Besides, the bare perusal of the allegation does not reveal any overt or positive act of the present applicant to instigate or abet the victim to commit suicide, therefore, the relevant ingredients of section 108 BNS are missing. Such allegations may be tested during the course of the trial. Charge-sheet has been filed in this case.

5. 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.

6. 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.

7. 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 in the F.I.R. the allegations have been levelled against nine accused persons including the present applicant, however, charge-sheet has been filed only against the present applicant which indicates that the allegations of the impugned F.I.R. were based on false, misconceived and concocted allegations, victim (since deceased) was the step sister of the present applicant, step mother of the present applicant who is mother of the victim as firstly levelled allegation against the applicant that he established physical relation with her but in subsequent statement she has stated that his daughter had gone outside without informing the family members and when she returned the present applicant cautioned her for not repeating the same again, there is apparent variation in the prosecution story right from the F.I.R. to recording of statements, the allegation does not reveal any overt or positive act of the present applicant to instigate or abet the victim to commit suicide, the relevant ingredients of section 108 BNS are missing, charge-sheet has been filed in this case 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.

8. Bail application is allowed.

9. Let the applicant Sumit Maurya, 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. (v) The applicant shall not leave the country (India) without prior permission of the Court. . Order Date :- 17.7.2025/Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA OM PRAKASH MISHRA OM PRAKASH MISHRA OM PRAKASH MISHRA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench

1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant and Sri Rajnish Verma, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 18.5.2025 in Case Crime No. 172 of 2025, u/s 238, 108, 115(2), 352, 351(3) BNS, P.S. Kachhauna, District Hardoi. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. Attention has been drawn towards impugned F.I.R. wherein the allegations have been levelled against nine accused persons including the present applicant, however, charge-sheet has been filed only against the present applicant. This fact indicates that the allegations of the impugned F.I.R. were based on false, misconceived and concocted allegations inasmuch as had the allegations been correct the charge-sheet would have been filed against more persons. The victim (since deceased)was the step sister of the present applicant and the step mother of the present applicant who is mother of the victim as firstly levelled allegation against him that he established physical relation with her but in subsequent statement she has stated that his daughter had gone outside without informing the family members and when she returned the present applicant cautioned her for not repeating the same again.

4. Learned counsel for the applicant has stated that as a matter of fact there is apparent variation in the prosecution story right from the F.I.R. to recording of statements. Besides, the bare perusal of the allegation does not reveal any overt or positive act of the present applicant to instigate or abet the victim to commit suicide, therefore, the relevant ingredients of section 108 BNS are missing. Such allegations may be tested during the course of the trial. Charge-sheet has been filed in this case.

5. 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.

6. 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.

7. 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 in the F.I.R. the allegations have been levelled against nine accused persons including the present applicant, however, charge-sheet has been filed only against the present applicant which indicates that the allegations of the impugned F.I.R. were based on false, misconceived and concocted allegations, victim (since deceased) was the step sister of the present applicant, step mother of the present applicant who is mother of the victim as firstly levelled allegation against the applicant that he established physical relation with her but in subsequent statement she has stated that his daughter had gone outside without informing the family members and when she returned the present applicant cautioned her for not repeating the same again, there is apparent variation in the prosecution story right from the F.I.R. to recording of statements, the allegation does not reveal any overt or positive act of the present applicant to instigate or abet the victim to commit suicide, the relevant ingredients of section 108 BNS are missing, charge-sheet has been filed in this case 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.

8. Bail application is allowed.

9. Let the applicant Sumit Maurya, 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. (v) The applicant shall not leave the country (India) without prior permission of the Court. . Order Date :- 17.7.2025/Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA OM PRAKASH MISHRA OM PRAKASH MISHRA OM PRAKASH MISHRA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench