High Court · 2025

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. On 18.12.2024, following order was passed: "1. Heard learned counsel for the applicant and Ms. Rafiya Farooqui, learned AGA for the State.

2. Learned AGA has informed that notice has been given to opposite party no.2 on 08.12.2024 but no one has appeared on behalf of opposite party no.2.

3. As per learned counsel for the applicant, the present applicant is in jail since 05.02.2024 in Case Crime No.05 of 2024, under Sections 363, 366, 376 IPC and Sections 3/4 & 5(J)2/6 of POCSO Act, Police Station ? Ataria, District ? Sitapur.

4. 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. Though the prosecutrix had not attained the marriageable age but the applicant got married with the prosecutrix and from the aforesaid wedlock, they have been blessed with a male child on 11.08.2024 at C.H.C., Intaunja. Presently, the prosecutrix is living with the family members of the present applicant.

5. So as to verify the aforesaid fact, presence of the prosecutrix alongwith the complainant would be required on the next date.

6. Let the prosecutrix and the complainant appear on the next date.

7. The Station House Officer, Police Station- Ataria, District- Sitapur shall ensure presence of the prosecutrix and the complainant on the next date.

8. Learned AGA shall intimate this order to the S.H.O. concerned telephonically/ WhatsApp or any other convenient mode at the earliest for its compliance.

9. List on 08.01.2025." In compliance of the order aforesaid, Rakhi Gautam along with her father and the child of 8 months are produced before this Court by Shri Vishambar Dayal Singh, Sub-Inspector, PS- Ataria, Sitapur. On query being asked, she replied that she has performed marriage with the present applicant and she herself went away with him and the applicant never enticed away her and no rape has been committed. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 05 of 2024, under Sections 363,366,376 IPC & Section 5(J)2/6 of POCSO Act, Police Station- Ataria, District- Sitapur. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He further submits that admittedly, the victim was less than 18 years at the time of the alleged incident, but the applicant never enticed away the victim and she herself went away with the applicant. He next added that charge-sheet has been filed and as such, there is no possibility that the applicant would tamper with the evidences or would threaten the witnesses. He also submits that the applicant has no previous criminal history and he is languishing in jail since 5.2.2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the victim is less than 18 years of age and the applicant was involved in committing the aforesaid offence and thus, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that as per the statement of the victim, the applicant has not committed rape and the victim herself went away with the applicant; the applicant is languishing in jail since 5.2.2024; there is eight year child of the victim and applicant; there is no previous criminal history of the applicant coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Anil involved in the aforementioned crime be released on bail, 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Personal appearance of the victim as well as the aforesaid Sub- Inspector is hereby exempted. SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Order Date :- 8.1.2025 Shravan

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. On 18.12.2024, following order was passed: "1. Heard learned counsel for the applicant and Ms. Rafiya Farooqui, learned AGA for the State.

2. Learned AGA has informed that notice has been given to opposite party no.2 on 08.12.2024 but no one has appeared on behalf of opposite party no.2.

3. As per learned counsel for the applicant, the present applicant is in jail since 05.02.2024 in Case Crime No.05 of 2024, under Sections 363, 366, 376 IPC and Sections 3/4 & 5(J)2/6 of POCSO Act, Police Station ? Ataria, District ? Sitapur.

4. 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. Though the prosecutrix had not attained the marriageable age but the applicant got married with the prosecutrix and from the aforesaid wedlock, they have been blessed with a male child on 11.08.2024 at C.H.C., Intaunja. Presently, the prosecutrix is living with the family members of the present applicant.

5. So as to verify the aforesaid fact, presence of the prosecutrix alongwith the complainant would be required on the next date.

6. Let the prosecutrix and the complainant appear on the next date.

7. The Station House Officer, Police Station- Ataria, District- Sitapur shall ensure presence of the prosecutrix and the complainant on the next date.

8. Learned AGA shall intimate this order to the S.H.O. concerned telephonically/ WhatsApp or any other convenient mode at the earliest for its compliance.

9. List on 08.01.2025." In compliance of the order aforesaid, Rakhi Gautam along with her father and the child of 8 months are produced before this Court by Shri Vishambar Dayal Singh, Sub-Inspector, PS- Ataria, Sitapur. On query being asked, she replied that she has performed marriage with the present applicant and she herself went away with him and the applicant never enticed away her and no rape has been committed. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 05 of 2024, under Sections 363,366,376 IPC & Section 5(J)2/6 of POCSO Act, Police Station- Ataria, District- Sitapur. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He further submits that admittedly, the victim was less than 18 years at the time of the alleged incident, but the applicant never enticed away the victim and she herself went away with the applicant. He next added that charge-sheet has been filed and as such, there is no possibility that the applicant would tamper with the evidences or would threaten the witnesses. He also submits that the applicant has no previous criminal history and he is languishing in jail since 5.2.2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the victim is less than 18 years of age and the applicant was involved in committing the aforesaid offence and thus, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that as per the statement of the victim, the applicant has not committed rape and the victim herself went away with the applicant; the applicant is languishing in jail since 5.2.2024; there is eight year child of the victim and applicant; there is no previous criminal history of the applicant coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Anil involved in the aforementioned crime be released on bail, 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Personal appearance of the victim as well as the aforesaid Sub- Inspector is hereby exempted. SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Order Date :- 8.1.2025 Shravan