High Court · 2025

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. This Court has passed the order dated 16.02.2024 which reads as under:- ""1. Heard.

2. This Court has passed order dated 25.10.2024, which reads as under:- "1.Heard Shri Nijam Ahmad, learned counsels for the applicant, Shri Ran Vijay Singh, learned Additional Government Advocate for the State and Shri Ashish Kumar Shukla, who has filed his Vakalatnama on behalf of informant, which is taken on record.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 27.09.2024 in Case Crime No.0292/2024, under Sections 376, 504, 506 of I.P.C., Police Station - Ahirauli, District - Ambedkar Nagar. Shri Ashish Kumar Shukla,

3. learned counsel for the informant/prosecutrix informs the Court that the prosecutrix is present in the Court.

4. Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as he has not committed any offence as alleged in the prosecution story. Learned counsel for the applicant has further submitted that the present applicant and the prosecutrix are major persons, they are in affairs and the applicant is ready to get married with the prosecutrix. The recital to this effect has been given in paragraph 11 of the bail application. The prosecutrix (X) has stated that she is in affairs with the applicant and she will get married with the applicant and she is having pregnancy on account of her physical relation with the applicant. Shri Ashish Kumar Shukla, learned counsel for the informant/prosecutrix has stated that if this court directs, he may file an affidavit of the prosecutrix.

5. Learned A.G.A. has submitted that when the applicant and prosecutrix are major persons and are ready to get married, then any appropriate order may be passed protecting the interest of the prosecutrix.

6. Having considered the arguments of learned counsel for the parties and considering the fact that the applicant is ready to get married with the prosecutrix, I find it appropriate that the present applicant be released from jail on interim bail, so that, he could marry the prosecutrix/complainant and could get his marriage registered before the competent authority.

7. Accordingly, let present applicant (Alok Kumar) be released on interim bail on his furnishing personal bond and two sureties of Rs.20,000/- to the satisfaction of the Magistrate/court concerned till 16th December, 2024.

8. As soon as the present applicant is released from jail, he shall marry with the prosecutrix/complainant within 21 days. Thereafter, he shall get his marriage registered before the Registrar of Marriage concerned within a period of 10 days.

9. On the next date of listing, i.e. on 16.12.2024, the present applicant and the prosecutrix/complainant shall appear in person before this Court along with Marriage Certificate and the photocopy of the Marriage Certificate may be taken on record and considering the conduct of the present applicant, his interim bail may be disposed of finally on the next date.

10. It is made clear that if the present applicant flouts the aforesaid conditions, the learned counsel for the informant/prosecutrix may file an appropriate application for cancellation of interim bail.

11. During the aforesaid period, the applicant shall co-operate with the Investigation. During the period of interim bail, the applicant shall abide by following additional 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 of the Indian Penal Code. (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. 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 of the Indian Penal Code. (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. 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) Applicant, after release from jail, shall surrender his passport, if any, and shall not leave the country without the permission of the court.

12. List this case on 16th December, 2024.

13. When the case is next listed, name of Shri Ashish Kumar Shukla be shown in the cause list as counsel for the opposite parties."

3. Sri Nijam Ahmad, learned counsel for the applicant has filed supplementary affidavit enclosing therewith the marriage registration certificate of the applicant and the prosecutrix, the same is taken on record.

4. The applicant and the prosecutrix are present in person.

5. The prosecutrix has stated that though their marriage has been registered but the present applicant is not permitting her to live with him. On that, the applicant has stated that presently, he is living at Ayodhya where he is doing some work and he is willing to keep the prosecutrix with him in a rental accommodation. The prosecutrix has stated that she is ready in all circumstances and if the applicant permits her to live with him at Ayodhya in any rental accommodation, she will live with him but direction may be issued to the applicant to look after her properly. On that, the applicant has stated that he will live with the prosecutrix at Ayodhya and he will take care of her properly.

6. Sri Nijam Ahmad, learned counsel for the applicant has also stated that he shall properly advise the applicant to obey the direction being issued by this Court.

7. It appears that this bail application should not be disposed of finally today and the interim bail may be extended for few days to see as to whether the present applicant and the prosecutrix are living together as husband and wife and also as to whether the present applicant is taking care of her properly.

8. List on 16.01.2025.

9. On that date, the applicant and the prosecutrix, both, shall again appear in person before this Court.

10. It is made clear that after looking conduct of the applicant, this bail application may be disposed of finally on the next date.

11. The interim bail granted earlier to the applicant is extended till the next date of listing."

3. Today, the prosecutrix and the applicant Alok Kumar are present in person. The prosecutrix stated that after passing the aforesaid order dated 16.12.2024, the applicant is keeping her with him and she is living with the applicant happily and she has no complaint or grievance against the present applicant. The applicant has also stated that now there is no dispute of any kind whatsoever between him and prosecutrix and he and prosecutrix will live together happily and he shall look after her properly.

4. Having considered the submissions of both the parties, I find it appropriate that this interim bail may be made absolute. Accordingly, this bail application is made absolute. The applicant shall shall abide by the conditions so indicated in the order dated 25.10.2024 and shall not misuse the liberty of the bail and shall participate in trial proceedings. In case, the prosecutrix feels herself aggrieved from any action of the present applicant or the present applicant flouts any condition of the order dated 25.10.2024 or 16.12.2024, any appropriate application may be filed seeking cancellation of the bail.

5. In view of the above, this bail application is allowed. (Rajesh Singh Chauhan,J.) Order Date :- 16.1.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. This Court has passed the order dated 16.02.2024 which reads as under:- ""1. Heard.

2. This Court has passed order dated 25.10.2024, which reads as under:- "1.Heard Shri Nijam Ahmad, learned counsels for the applicant, Shri Ran Vijay Singh, learned Additional Government Advocate for the State and Shri Ashish Kumar Shukla, who has filed his Vakalatnama on behalf of informant, which is taken on record.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 27.09.2024 in Case Crime No.0292/2024, under Sections 376, 504, 506 of I.P.C., Police Station - Ahirauli, District - Ambedkar Nagar. Shri Ashish Kumar Shukla,

3. learned counsel for the informant/prosecutrix informs the Court that the prosecutrix is present in the Court.

4. Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as he has not committed any offence as alleged in the prosecution story. Learned counsel for the applicant has further submitted that the present applicant and the prosecutrix are major persons, they are in affairs and the applicant is ready to get married with the prosecutrix. The recital to this effect has been given in paragraph 11 of the bail application. The prosecutrix (X) has stated that she is in affairs with the applicant and she will get married with the applicant and she is having pregnancy on account of her physical relation with the applicant. Shri Ashish Kumar Shukla, learned counsel for the informant/prosecutrix has stated that if this court directs, he may file an affidavit of the prosecutrix.

5. Learned A.G.A. has submitted that when the applicant and prosecutrix are major persons and are ready to get married, then any appropriate order may be passed protecting the interest of the prosecutrix.

6. Having considered the arguments of learned counsel for the parties and considering the fact that the applicant is ready to get married with the prosecutrix, I find it appropriate that the present applicant be released from jail on interim bail, so that, he could marry the prosecutrix/complainant and could get his marriage registered before the competent authority.

7. Accordingly, let present applicant (Alok Kumar) be released on interim bail on his furnishing personal bond and two sureties of Rs.20,000/- to the satisfaction of the Magistrate/court concerned till 16th December, 2024.

8. As soon as the present applicant is released from jail, he shall marry with the prosecutrix/complainant within 21 days. Thereafter, he shall get his marriage registered before the Registrar of Marriage concerned within a period of 10 days.

9. On the next date of listing, i.e. on 16.12.2024, the present applicant and the prosecutrix/complainant shall appear in person before this Court along with Marriage Certificate and the photocopy of the Marriage Certificate may be taken on record and considering the conduct of the present applicant, his interim bail may be disposed of finally on the next date.

10. It is made clear that if the present applicant flouts the aforesaid conditions, the learned counsel for the informant/prosecutrix may file an appropriate application for cancellation of interim bail.

11. During the aforesaid period, the applicant shall co-operate with the Investigation. During the period of interim bail, the applicant shall abide by following additional 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 of the Indian Penal Code. (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. 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 of the Indian Penal Code. (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. 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) Applicant, after release from jail, shall surrender his passport, if any, and shall not leave the country without the permission of the court.

12. List this case on 16th December, 2024.

13. When the case is next listed, name of Shri Ashish Kumar Shukla be shown in the cause list as counsel for the opposite parties."

3. Sri Nijam Ahmad, learned counsel for the applicant has filed supplementary affidavit enclosing therewith the marriage registration certificate of the applicant and the prosecutrix, the same is taken on record.

4. The applicant and the prosecutrix are present in person.

5. The prosecutrix has stated that though their marriage has been registered but the present applicant is not permitting her to live with him. On that, the applicant has stated that presently, he is living at Ayodhya where he is doing some work and he is willing to keep the prosecutrix with him in a rental accommodation. The prosecutrix has stated that she is ready in all circumstances and if the applicant permits her to live with him at Ayodhya in any rental accommodation, she will live with him but direction may be issued to the applicant to look after her properly. On that, the applicant has stated that he will live with the prosecutrix at Ayodhya and he will take care of her properly.

6. Sri Nijam Ahmad, learned counsel for the applicant has also stated that he shall properly advise the applicant to obey the direction being issued by this Court.

7. It appears that this bail application should not be disposed of finally today and the interim bail may be extended for few days to see as to whether the present applicant and the prosecutrix are living together as husband and wife and also as to whether the present applicant is taking care of her properly.

8. List on 16.01.2025.

9. On that date, the applicant and the prosecutrix, both, shall again appear in person before this Court.

10. It is made clear that after looking conduct of the applicant, this bail application may be disposed of finally on the next date.

11. The interim bail granted earlier to the applicant is extended till the next date of listing."

3. Today, the prosecutrix and the applicant Alok Kumar are present in person. The prosecutrix stated that after passing the aforesaid order dated 16.12.2024, the applicant is keeping her with him and she is living with the applicant happily and she has no complaint or grievance against the present applicant. The applicant has also stated that now there is no dispute of any kind whatsoever between him and prosecutrix and he and prosecutrix will live together happily and he shall look after her properly.

4. Having considered the submissions of both the parties, I find it appropriate that this interim bail may be made absolute. Accordingly, this bail application is made absolute. The applicant shall shall abide by the conditions so indicated in the order dated 25.10.2024 and shall not misuse the liberty of the bail and shall participate in trial proceedings. In case, the prosecutrix feels herself aggrieved from any action of the present applicant or the present applicant flouts any condition of the order dated 25.10.2024 or 16.12.2024, any appropriate application may be filed seeking cancellation of the bail.

5. In view of the above, this bail application is allowed. (Rajesh Singh Chauhan,J.) Order Date :- 16.1.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench