Chhotu v. State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko. And
Case Details
about the listing of the present case has been placed by Shri Yatindra Agnihotri, learned A.G.A., which is taken on record. The aforesaid notice clearly reveals that the information about the listing of the case was given to the complainant, but none has appeared on her behalf and, therefore, the present application is being decided with the assistance of learned counsel for the applicant and learned A.G.A.
3. The present bail application has been filed by the applicant in F.I.R. No. 069 of 2025, under Sections 87, 137(2), 64(1) B.N.S. and Section 3/4 POCSO Act, Police Station Ahirauli, District Ambedkar Nagar with the prayer to enlarge him on bail.
4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that the applicant, who is aged about 21 years and the victim, aged about 18 years, were in love relation and were willing to solemnize marriage, which was not accepted to the family members of the 2 BAIL No. 9369 of 2025 victim. Thereafter, victim joined the company of the applicant on her own and they solemnized marriage, but the F.I.R. has been lodged on the basis of incorrect facts. It is also submitted that during the course of investigation, statements of victim were recorded under Sections 180 and 183 B.N.S., in which, she categorically stated that they were in friendship and they met in Ayodhya several times. She also stated that both of them desired to solemnize marriage, due to which, on the date of incident, she left her house without informing to her family members and went to Ayodhya. Thereafter, she went to Madhya Pradesh along with applicant and solemnized marriage. Learned counsel for the applicant vehemently submits that the victim, in her statement, categorically stated that she was not enticed by the applicant. She also refused her medico legal examination. It is also submitted that the complainant has also alleged the age of the victim as 18 years in the F.I.R. As per school record, the victim, who is a student of B.A. I year, was aged about 17 years 6 months at the time of incident. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, is in jail since 26.06.2025. In such circumstances, the applicant may be enlarged on bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.
5. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not dispute the fact that victim had not supported the prosecution story in her statements recorded under Sections 180 and 183 B.N.S. He also fairly concedes that the victim denied her medico legal examination.
6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., statements of the victim under Sections 180 and 183 B.N.S. and other relevant documents, I am of the view that the applicant is entitled to be released on bail.
7. Application stands allowed. 3 BAIL No. 9369 of 2025
8. Let applicant -Om Prakash @ Chhotu be released on bail in F.I.R. No. 069 of 2025, on his furnishing personal bond of Rs.25,000/- and two reliable sureties each of the like amount, subject to following conditions:- (i) The applicant shall not commit an 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. (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. 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. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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 4 BAIL No. 9369 of 2025 accordance with law.
9. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. October 6, 2025 VKS (Rajeev Singh,J.) VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
about the listing of the present case has been placed by Shri Yatindra Agnihotri, learned A.G.A., which is taken on record. The aforesaid notice clearly reveals that the information about the listing of the case was given to the complainant, but none has appeared on her behalf and, therefore, the present application is being decided with the assistance of learned counsel for the applicant and learned A.G.A.
3. The present bail application has been filed by the applicant in F.I.R. No. 069 of 2025, under Sections 87, 137(2), 64(1) B.N.S. and Section 3/4 POCSO Act, Police Station Ahirauli, District Ambedkar Nagar with the prayer to enlarge him on bail.
4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that the applicant, who is aged about 21 years and the victim, aged about 18 years, were in love relation and were willing to solemnize marriage, which was not accepted to the family members of the 2 BAIL No. 9369 of 2025 victim. Thereafter, victim joined the company of the applicant on her own and they solemnized marriage, but the F.I.R. has been lodged on the basis of incorrect facts. It is also submitted that during the course of investigation, statements of victim were recorded under Sections 180 and 183 B.N.S., in which, she categorically stated that they were in friendship and they met in Ayodhya several times. She also stated that both of them desired to solemnize marriage, due to which, on the date of incident, she left her house without informing to her family members and went to Ayodhya. Thereafter, she went to Madhya Pradesh along with applicant and solemnized marriage. Learned counsel for the applicant vehemently submits that the victim, in her statement, categorically stated that she was not enticed by the applicant. She also refused her medico legal examination. It is also submitted that the complainant has also alleged the age of the victim as 18 years in the F.I.R. As per school record, the victim, who is a student of B.A. I year, was aged about 17 years 6 months at the time of incident. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, is in jail since 26.06.2025. In such circumstances, the applicant may be enlarged on bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.
5. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not dispute the fact that victim had not supported the prosecution story in her statements recorded under Sections 180 and 183 B.N.S. He also fairly concedes that the victim denied her medico legal examination.
6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., statements of the victim under Sections 180 and 183 B.N.S. and other relevant documents, I am of the view that the applicant is entitled to be released on bail.
7. Application stands allowed. 3 BAIL No. 9369 of 2025
8. Let applicant -Om Prakash @ Chhotu be released on bail in F.I.R. No. 069 of 2025, on his furnishing personal bond of Rs.25,000/- and two reliable sureties each of the like amount, subject to following conditions:- (i) The applicant shall not commit an 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. (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. 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. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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 4 BAIL No. 9369 of 2025 accordance with law.
9. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. October 6, 2025 VKS (Rajeev Singh,J.) VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench