High Court · 2025

1. Heard Sri Zeeshan Ali, learned counsel for the applicant and Sri Hari Shankar Maurya, learned AGA for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 26.04.2025 in FIR/Case Crime No.173 of 2025, under Sections 69, 352, 351 (3) of B.N.S., Police Station – Banthara, District – Lucknow.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the present applicant is the sole accused. The informant/ prosecutrix is a real maternal sister of the present applicant and having ulterior motive and on the basis of ill advice, she lodged the FIR against the present applicant, whereas the present applicant has not committed any offence as alleged. Relationship of the present applicant is prohibited to marry with his maternal sister inasmuch as no person can marry with his real maternal sister under Hindu Marriage Act. Learned counsel has stated that the deponent of the present bail application is the real brother of the prosecutrix and he is also present in the Court. Learned counsel has requested that the deponent may be called and this Court may verify the aforesaid contentions so raised by him.

4. On the aforesaid request of learned counsel for the applicant, deponent- Kamendar, son of Ashok Rawat has been called, who has stated that he and the prosecutrix are the real bother and sister and the same fact has been verified from the FIR wherein the prosecutrix has herself stated that she is daughter of Late Ashok Rawat. He has stated that his sister has levelled false allegation against the present applicant for the reasons best known to her but it appears that such FIR has been lodged on the ill advice of the others to whom he does not know. He has further informed the Court that the allegations are false and misconceived as the applicant has not committed such offence with his sister. The present applicant is having no prior criminal history of any kind whatsoever. Charge sheet has been filed against the present applicant. Further, the applicant undertakes that if he is released on bail, he 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 proceedings.

5. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicant.

6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; perusing the material available on record; the informant/ prosecutrix is the real maternal sister of the present applicant; deponent of the present bail application is the real brother of the prosecutrix; the deponent has stated that he and the prosecutrix are the real bother and sister and his sister has levelled false allegation against the present applicant for the reasons best known to her but it appears that such FIR has been lodged on the ill advice of the others to whom he does not know; the deponent has further informed the Court that the allegations are false and misconceived as the applicant has not committed such offence with his sister; the present applicant is having no prior criminal history of any kind whatsoever; charge sheet has been filed and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. Let applicant- Jaswant Rawat 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 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 the 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 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 the 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 29.7.2025 RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH RAM BIR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

1. Heard Sri Zeeshan Ali, learned counsel for the applicant and Sri Hari Shankar Maurya, learned AGA for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 26.04.2025 in FIR/Case Crime No.173 of 2025, under Sections 69, 352, 351 (3) of B.N.S., Police Station – Banthara, District – Lucknow.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the present applicant is the sole accused. The informant/ prosecutrix is a real maternal sister of the present applicant and having ulterior motive and on the basis of ill advice, she lodged the FIR against the present applicant, whereas the present applicant has not committed any offence as alleged. Relationship of the present applicant is prohibited to marry with his maternal sister inasmuch as no person can marry with his real maternal sister under Hindu Marriage Act. Learned counsel has stated that the deponent of the present bail application is the real brother of the prosecutrix and he is also present in the Court. Learned counsel has requested that the deponent may be called and this Court may verify the aforesaid contentions so raised by him.

4. On the aforesaid request of learned counsel for the applicant, deponent- Kamendar, son of Ashok Rawat has been called, who has stated that he and the prosecutrix are the real bother and sister and the same fact has been verified from the FIR wherein the prosecutrix has herself stated that she is daughter of Late Ashok Rawat. He has stated that his sister has levelled false allegation against the present applicant for the reasons best known to her but it appears that such FIR has been lodged on the ill advice of the others to whom he does not know. He has further informed the Court that the allegations are false and misconceived as the applicant has not committed such offence with his sister. The present applicant is having no prior criminal history of any kind whatsoever. Charge sheet has been filed against the present applicant. Further, the applicant undertakes that if he is released on bail, he 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 proceedings.

5. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicant.

6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; perusing the material available on record; the informant/ prosecutrix is the real maternal sister of the present applicant; deponent of the present bail application is the real brother of the prosecutrix; the deponent has stated that he and the prosecutrix are the real bother and sister and his sister has levelled false allegation against the present applicant for the reasons best known to her but it appears that such FIR has been lodged on the ill advice of the others to whom he does not know; the deponent has further informed the Court that the allegations are false and misconceived as the applicant has not committed such offence with his sister; the present applicant is having no prior criminal history of any kind whatsoever; charge sheet has been filed and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. Let applicant- Jaswant Rawat 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 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 the 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 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 the 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 29.7.2025 RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH RAM BIR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench