Allahabad High Court
Sani Alias Nocha vs State Of U.P. on 28 August, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:150733 HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27215 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Ambreesh Kumar, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.
3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Sani @ Nocha, seeking enlargement on bail during trial in connection with Case Crime No. 176 of 2025, under Sections 87, 69 BNS, registered at Police Station Ajitmal, District Auraiya.
4. Learned counsel for the State submits that he has received instructions for which time was granted to him vide order dated 07.08.2025.
5. The FIR of the matter was lodged on 06.04.2025 by Ashok Kumar against the applicant alleging therein that on 17.03.2025 in the night at about 3-4 am his daughter went away from the house without informing anyone. She has taken Rs. 1,40,000/- and a lot of ornaments. In the morning, they saw his daughter missing and also the articles are missing. She has a mobile which is switched off which is taken by her. She was searched a lot but could not be traced. Later on, he came to know that the applicant has lured and enticed her away. Report be lodged and action be taken.
6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that as per High School Marksheet, the victim is aged about 22 years as her date of birth is 12.07.2003. It is submitted that the victim in her statement recorded under Section 180 BNSS states that she went from the house out of her own will as her father was getting her married to someone else and she refused marriage but he had scolded and assaulted her and then in anger she left the house. She states that she is in love with the applicant and wants to marry him. Subsequently, the victim in her statement recorded under Section 183 BNSS states of the applicant calling her and sending proposal for marriage after which she went with money and ornaments. She was in love since last ten years. He took her to Noida and kept her there where he committed forcible sexual assault on her. She further states that he was married earlier and stated that he will divorce his earlier wife if she will marry him. On the said pretext he established physical relationship with her. It is submitted that the present case is a case of consent. It is submitted that the victim is a major lady. It is submitted that the applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 24.05.2025.
7. Per contra, learned counsel for the State opposed the prayer for bail.
8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major woman. She was in love with the applicant since last ten years. There are variations in the statements of the victim recorded during investigation.
9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
10. Let the applicant Sani @ Nocha, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(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 will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 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 209 BNS, 2023.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
12. The bail application is allowed.
13. Pending application(s), if any, shall stand disposed of.
August 28, 2025 M. ARIF