Kuldeep vs Party(s)

1. Vakalatnama filed by Sri Saurabh Verma, Advocate on behalf of the complainant is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P., learned counsel for the complainant and perused the record.

3. The present bail application has been filed on behalf of the applicant in Case Crime No.67 of 2025, under Sections 65(1), 333, 74, 352 BNS and 3/4(2) POCSO Act, Police Station - Hariyawan, District - Hardoi, with the prayer to enlarge him on bail.

4. Learned counsel for the applicant submits that the applicant aged about 19 years has been falsely implicated in the case and he is in jail since 3.5.2025. He further submits that F.I.R. was lodged on

22.4.2025 at 19:55 Hrs. by father of the victim with the allegation that in the night of 22.4.2025, applicant entered into house of the complainant and started molesting her daughter who was sleeping in her room, when she raised alarm, then his wife, mother and sister-in- law (bhabhi) reached there, then applicant ran away and thereafter, complainant went to the house of the applicant for making complaint but applicant alongwith her other family members started abusing him. He also submits that in the statement recorded under Section 180 B.N.S.S. victim has supported the prosecution story and 2 BAIL No. 9365 of 2025 categorically stated that nothing wrong was done with her. Thereafter, her statement was recorded under Section 183 B.N.S.S., in which, she developed a different case and stated that on 22.4.2025 at 2:00 A.M. she was sleeping in a hall in her house alongwith grand mother, then applicant came into the hall, closed her mouth, brought her into another room and chocked her mouth with the cloth and started molestation, as a result, bleeding was started from her genital part, then applicant ran away leaving her. She also stated that on the same night, applicant entered into her house alongwith his brothers Praveen and Pradeep and put fire in a room and except her no one seen the said incident because other family members were sleeping. Learned counsel for the applicant submits that there is a major contradiction in the statements of the victim recorded under Sections 180 & 183 B.N.S.S., Investigating Officer also observed in the case diary that about 2 to 3 months ago some accident of fire was taken place in the house of the complainant due to short circuit and the incident was reported to area lekhpal telephonically and the report was also prepared with the fact that no such incident was taken place as stated in the deposition of the victim under Section 183 B.N.S.S. He also submits that as per the provisions of Section 35 of POCSO Act, it is obligatory on the part of the court to record the evidence of victim within 30 days from the date of taking cognizance. He further submits that charge sheet has already been filed, he does not have any criminal antecedent. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

5. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for grant of bail and submits that victim has supported the prosecution version, but they do not dispute this fact that there is a major contradiction in the statements of the victim recorded under Sections 180 & 183 B.N.S.S. and they also do not dispute the fact that Investigating Officer submitted a report that no incident of fire was taken place as alleged by the victim.

6. Considering the rival submissions of learned counsel for applicant, 3 BAIL No. 9365 of 2025 learned A.G.A., material available on record, contents of F.I.R., statement of victim recorded under Section 180 & 183 B.N.S.S., medico legal report, other relevant documents, nature of offence as well as facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail.

7. Let applicant - Kuldeep - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 BNS. (v) 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 BNS, may be issued and if 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/209 BNS. (vi) The applicant shall remain present, in person, before the Trial 4 BAIL No. 9365 of 2025 Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNS. 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.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

9. The trial court is directed to conclude the trial expeditiously in accordance with law, without giving any unnecessary adjournment to either of the parties. October 6, 2025 GauraV/- (Rajeev Singh,J.) GAURAV PAL GAURAV PAL High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

1. Vakalatnama filed by Sri Saurabh Verma, Advocate on behalf of the complainant is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P., learned counsel for the complainant and perused the record.

3. The present bail application has been filed on behalf of the applicant in Case Crime No.67 of 2025, under Sections 65(1), 333, 74, 352 BNS and 3/4(2) POCSO Act, Police Station - Hariyawan, District - Hardoi, with the prayer to enlarge him on bail.

4. Learned counsel for the applicant submits that the applicant aged about 19 years has been falsely implicated in the case and he is in jail since 3.5.2025. He further submits that F.I.R. was lodged on

22.4.2025 at 19:55 Hrs. by father of the victim with the allegation that in the night of 22.4.2025, applicant entered into house of the complainant and started molesting her daughter who was sleeping in her room, when she raised alarm, then his wife, mother and sister-in- law (bhabhi) reached there, then applicant ran away and thereafter, complainant went to the house of the applicant for making complaint but applicant alongwith her other family members started abusing him. He also submits that in the statement recorded under Section 180 B.N.S.S. victim has supported the prosecution story and 2 BAIL No. 9365 of 2025 categorically stated that nothing wrong was done with her. Thereafter, her statement was recorded under Section 183 B.N.S.S., in which, she developed a different case and stated that on 22.4.2025 at 2:00 A.M. she was sleeping in a hall in her house alongwith grand mother, then applicant came into the hall, closed her mouth, brought her into another room and chocked her mouth with the cloth and started molestation, as a result, bleeding was started from her genital part, then applicant ran away leaving her. She also stated that on the same night, applicant entered into her house alongwith his brothers Praveen and Pradeep and put fire in a room and except her no one seen the said incident because other family members were sleeping. Learned counsel for the applicant submits that there is a major contradiction in the statements of the victim recorded under Sections 180 & 183 B.N.S.S., Investigating Officer also observed in the case diary that about 2 to 3 months ago some accident of fire was taken place in the house of the complainant due to short circuit and the incident was reported to area lekhpal telephonically and the report was also prepared with the fact that no such incident was taken place as stated in the deposition of the victim under Section 183 B.N.S.S. He also submits that as per the provisions of Section 35 of POCSO Act, it is obligatory on the part of the court to record the evidence of victim within 30 days from the date of taking cognizance. He further submits that charge sheet has already been filed, he does not have any criminal antecedent. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

5. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for grant of bail and submits that victim has supported the prosecution version, but they do not dispute this fact that there is a major contradiction in the statements of the victim recorded under Sections 180 & 183 B.N.S.S. and they also do not dispute the fact that Investigating Officer submitted a report that no incident of fire was taken place as alleged by the victim.

6. Considering the rival submissions of learned counsel for applicant, 3 BAIL No. 9365 of 2025 learned A.G.A., material available on record, contents of F.I.R., statement of victim recorded under Section 180 & 183 B.N.S.S., medico legal report, other relevant documents, nature of offence as well as facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail.

7. Let applicant - Kuldeep - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 BNS. (v) 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 BNS, may be issued and if 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/209 BNS. (vi) The applicant shall remain present, in person, before the Trial 4 BAIL No. 9365 of 2025 Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNS. 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.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

9. The trial court is directed to conclude the trial expeditiously in accordance with law, without giving any unnecessary adjournment to either of the parties. October 6, 2025 GauraV/- (Rajeev Singh,J.) GAURAV PAL GAURAV PAL High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench