Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33319 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Saurabh Singh, learned counsel for the applicant, Sri Shobh Nath Pal, learned counsel for the first informant and Sri D.P.S. Chauhan, learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.321 of 2025, under Sections 87, 137(2) B.N.S., Police Station- Banda, District Shahjahanpur. 3. Contention of learned counsel for the applicant is that in the FIR, allegation was made to entice away the victim girl, however, the daughter of first informant (victim) in her statement recorded under Section 183 BNSS has made allegation against Shivam Mukesh, Jiyanlal and Binda. No allegation has been made against the applicant. It is further submitted that the victim in her statement under Section 183 BNSS has specifically stated that she wants to marry with the applicant. He further argued that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 03.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned counsel for the first informant and learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is Versus Counsel for Applicant(s) : Saurabh Singh Counsel for Opposite Party(s) : G.A., Shobh Nath Pal Suraj .....Applicant(s) State of U.P. .....Opposite Party(s)
entitled to be enlarged on bail. 6.
Let the applicant- Suraj 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:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 A.Kr. BAIL No. 33319 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad