High Court · 2025

1.Heard Sri Saurabh Kumar Singh, learned counsel for the applicant and Sri Om Prakash, learned Additional Government Advocate for the State and Sri Manmohan Singh, learned counsel, who has filed short counter affidavit on behalf of the victim/ prosecutrix along with Vakalatnama. The same is taken on record.

2.As per learned counsel for the applicant, the present applicant (Sachin Gaud) is languishing in jail since 20.04.2025 in Case Crime No.715 of 2024, under Sections 87, 137(2) & 64(2)M of Bharatiya Nyaya Sanhita, 2023 and Section 5/6 of Protection of Children from Sexual Offences Act, Police Station-Akbarpur, District-Ambedkar Nagar.

3. Sri Man Mohan Singh, has informed that the prosecutrix/ victim is present in person before the Court.

4.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

5.Attention has been drawn towards the impugned F.I.R. which has been lodged by the father of the victim/ prosecutrix against unknown person without levelling any allegation against the present applicant but during the course of investigation the complicity of the present applicant has been found.

6.However, learned counsel for the applicant has stated that the present applicant and the prosecutrix were in lover affairs and having bonafide intention that they can marry so they got married. At the time of incident in question, the prosecutrix was sent to Nari Niketan i.e. Rajkiya Balika Grih (Female), Sindhi Khera, Para, Lucknow, but after attaining the age of marriage she was released from the said Nari Niketan vide order dated 16.06.2025 (Annexure No.7) and her custody was handed-over to the family members of the present applicant.

7.As per learned counsel for the applicant, the prosecutrix is living with the family members of the present applicant after her release from the Nari Niketan. He has further submitted that with utmost care and respect by the family members of the present applicant in the same manner as the daughter-in-law is treated, she is provided all necessary requirements so that she could live happily.

8.Sri Manmohan Singh, learned counsel for the victim/ prosecutrix has also stated that presently the prosecutrix is living with the family members of the present applicant and she is living happily with them without any complaint.

9.The prosecutrix, who is present in the Court, has also stated that she is presently living with the family members of the present applicant and she has no grievance against them. She has also stated that she is being treated properly and looked after and she is willing to live with her husband i.e. with the present applicant and his family members. She admitted the fact of marriage and has stated that she has now become major, therefore, she can take her own decision.

10. However, learned Additional Government Advocate has stated that though the victim/ prosecutrix is said to have been living with the family members of the present applicant happily and by her own consent saying herself as a legally wedded wife of the present applicant, but the present applicant has not attained the marriageable age.

11.Having heard learned counsel for the parties and having perused the material available on record, since the victim/ prosecutrix who is present in the Court, is having no grievance or complaint of any kind whatsoever against the present applicant and his family members and presently she is living with the family members of the present applicant, therefore, without interning into merits of the issue, I am of the view that the present applicant may be released on bail in this case.

12.Accordingly, the instant bail application is allowed.

13.Let the applicant (Sachin Gaud) 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 229-A IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicant shall not leave the country without prior permission of the Court.

14. It is made clear that the present applicant and his family members shall properly look after her and shall provide all necessary means which are necessary for any human being. After attaining the marriageable age by the present applicant, if he has not attained the marriageable age as yet, both shall get registered their marriage before the Marriage Registration Authority. If the present applicant violates his undertaking to look-after the victim/ prosecutrix properly, any appropriate application for cancellation of bail may be filed by her and any appropriate order may be passed on such application. . Order Date :- 29.7.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

1.Heard Sri Saurabh Kumar Singh, learned counsel for the applicant and Sri Om Prakash, learned Additional Government Advocate for the State and Sri Manmohan Singh, learned counsel, who has filed short counter affidavit on behalf of the victim/ prosecutrix along with Vakalatnama. The same is taken on record.

2.As per learned counsel for the applicant, the present applicant (Sachin Gaud) is languishing in jail since 20.04.2025 in Case Crime No.715 of 2024, under Sections 87, 137(2) & 64(2)M of Bharatiya Nyaya Sanhita, 2023 and Section 5/6 of Protection of Children from Sexual Offences Act, Police Station-Akbarpur, District-Ambedkar Nagar.

3. Sri Man Mohan Singh, has informed that the prosecutrix/ victim is present in person before the Court.

4.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

5.Attention has been drawn towards the impugned F.I.R. which has been lodged by the father of the victim/ prosecutrix against unknown person without levelling any allegation against the present applicant but during the course of investigation the complicity of the present applicant has been found.

6.However, learned counsel for the applicant has stated that the present applicant and the prosecutrix were in lover affairs and having bonafide intention that they can marry so they got married. At the time of incident in question, the prosecutrix was sent to Nari Niketan i.e. Rajkiya Balika Grih (Female), Sindhi Khera, Para, Lucknow, but after attaining the age of marriage she was released from the said Nari Niketan vide order dated 16.06.2025 (Annexure No.7) and her custody was handed-over to the family members of the present applicant.

7.As per learned counsel for the applicant, the prosecutrix is living with the family members of the present applicant after her release from the Nari Niketan. He has further submitted that with utmost care and respect by the family members of the present applicant in the same manner as the daughter-in-law is treated, she is provided all necessary requirements so that she could live happily.

8.Sri Manmohan Singh, learned counsel for the victim/ prosecutrix has also stated that presently the prosecutrix is living with the family members of the present applicant and she is living happily with them without any complaint.

9.The prosecutrix, who is present in the Court, has also stated that she is presently living with the family members of the present applicant and she has no grievance against them. She has also stated that she is being treated properly and looked after and she is willing to live with her husband i.e. with the present applicant and his family members. She admitted the fact of marriage and has stated that she has now become major, therefore, she can take her own decision.

10. However, learned Additional Government Advocate has stated that though the victim/ prosecutrix is said to have been living with the family members of the present applicant happily and by her own consent saying herself as a legally wedded wife of the present applicant, but the present applicant has not attained the marriageable age.

11.Having heard learned counsel for the parties and having perused the material available on record, since the victim/ prosecutrix who is present in the Court, is having no grievance or complaint of any kind whatsoever against the present applicant and his family members and presently she is living with the family members of the present applicant, therefore, without interning into merits of the issue, I am of the view that the present applicant may be released on bail in this case.

12.Accordingly, the instant bail application is allowed.

13.Let the applicant (Sachin Gaud) 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 229-A IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicant shall not leave the country without prior permission of the Court.

14. It is made clear that the present applicant and his family members shall properly look after her and shall provide all necessary means which are necessary for any human being. After attaining the marriageable age by the present applicant, if he has not attained the marriageable age as yet, both shall get registered their marriage before the Marriage Registration Authority. If the present applicant violates his undertaking to look-after the victim/ prosecutrix properly, any appropriate application for cancellation of bail may be filed by her and any appropriate order may be passed on such application. . Order Date :- 29.7.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench