Allahabad High Court
Angad vs State Of U.P. And 3 Others on 30 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:100507 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19174 of 2025 Applicant :- Angad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bhanu Kumar Ratnakar,Mohd. Monis Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Mohd. Monis learned counsel for the applicant and Sri Abhishek Tripathi, learned AGA for the State.
2. Sri Abhishek Tripathi, learned AGA has produced before this Court a set of documents according to which notice has been served upon the first informant/complainant opposite party no.2 on 26.5.2025. He has made a statement that he is armed with the instructions. Following the judgment in the case of Ajeet Chaudhary vs. State of U.P. and another, Criminal Misc. Bail Application No.45784 of 2020 since served has been affected upon the opposite party no.2 and nobody has put in appearance till the dictation of the order, the Court is proceeding with the matter.
3. This application under Section 483 of the B.N.S.S. has been filed by the applicant in connection with in Case Crime no. 30 of 2025, under sections- 333, 64, 352, 115(2), 324(3), 351(3) of Bhartiya Nyay Sanhita (B.N.S., 2023) and section 3/4 of POCSO Act, Police Station- Khaga Kotwali, District Fatehpur,with a prayer to enlarge him on bail.
4. Learned counsel for the applicant has been submitted that a first information report stood lodged by the opposite party no.2 first informant/complainant against the applicant and two other co-accused with an allegation that on 28.1.2025 his daughter being the victim was all alone in the house and the applicant herein barged into the house of the opposite party no.2 with ill intentions, he started molesting the daughter of the opposite party no.2 and when hue and cry was raised the applicant herein left the place and when the opposite party no.2 returned then the entire story was narrated and in the 7 in the evening the opposite party no.2 had gone to the house of the applicant for complaining then the applicant along with the co-accused armed with blunt and hard object extended injuries pursuant whereto injuries were sustained to victim and Renu Devi etc. It has been further submitted that no such incident took place and further the daughter of the opposite party no.2/victim did not get her medical examination done.
5. Thereafter Statements under Section 180 of the B.N.S.S. were accorded in which verbatim the same allegations which were in the FIR was narrated, however, in the statement under Section 183 of the B.N.S.S. now the victim had alleged that she was subjected to bad act and her modesty was also outraged. As per the applicant, the opposite party no.2 was subjected to medical examination but there was no physical injury found.
6. Learned counsel for the applicant submits that the only basis which motivated lodging of the said proceedings was rivalry and the entire criminal story was tailor made just in order to implicate the applicant. He also also invited the attention of the Court towards paragraph no.23 so as contend that the applicant does not posses any criminal history and he is languishing in jail since 6.2.2025.
7. Learned A.G.A. on the other hand submits that the cognizable offences are made out from the nature of the allegations made in the first information report. He further submits that pin pointed allegations have also been made against the applicant. He also submits that though the injuries have been sustained by the injured but they are simple in nature but it would not in any manner whatsoever overrule occurrence of the incident, however, he could not dispute the fact in the internal medical examination nothing was found post recording of the statement under Section 183 of the B.N.S.S. He also could not dispute the fact that the theory of outraging the modesty was for the very first time injected in the statement under Section 183 of the B.N.S.S. which was not present in any name whatsoever either in the FIR or in the statement under Section 180 of the B.N.S.S.
8. Having heard the submissions so made across the bar and looking into the nature of the allegations as well as the complicity of the matter and also bearing in mind that no physical injury or abnormally was found with respect to the victim and also the fact that there happens to be alleged exaggeration of outraging of the modesty of the victim in the statement under Section 183 of the Cr.P.C. though it was not the part and the parcel in the FIR or the statement under Section 180 of the B.N.S.S. the applicant is prima facie entitled to be released on bail in this case.
9. Let applicant-Angad be released on bail in Case Crime no. 30 of 2025, under sections- 333, 64, 352, 115(2), 324(3), 351(3) of Bhartiya Nyay Sanhita (B.N.S., 2023) and section 3/4 of POCSO Act, Police Station- Khaga Kotwali, District Fatehpur on his furnishing a personal bond with two sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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 an abuse of liberty of bail and pass orders in accordance with law.
(iii) 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.
(iv) 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.
(v) 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.
10. It is further directed that the identity, status and residence proof of the sureties be verified by the authority concerned before they are accepted.
11. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Court Judge in forming his independent opinion based on the testimony of the witnesses.
12. Accordingly, the bail application is allowed.
Order Date :- 30.6.2025
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