Neutral Citation No. - 2025:AHC-LKO:18492 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2797 of 2025 Applicant :- Laxmi Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Vishnu Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.531 of 2024, under Sections 137(2), 143, 61(2) BNS, and Sections 80/81/84 of J.J.Act, registered at P.S.-Gudamba, District -Lucknow. 3. As per contents of First Information Report, the informant delivered a baby boy on 29.12.2024 in Laxmi Clinic of which the applicant is the owner. 4. It is submitted by learned counsel for the applicant that although initially a new born baby was not handed over to the applicant but subsequently upon her pleading, the baby was given to her and on the next day i.e.30.12.2024 at about 12.00 p.m. one Shayama Kumari kidnapped the child. It has been submitted that the applicant has falsely been implicated in the charges levelled against him only due to certain dispute with regard to hospital bills which were not paid by the informant. It is submitted that even otherwise the allegations levelled against the applicant are highly improbable once it has been admitted in the FIR that the hospital of which the applicant is the owner had handed over a new born baby to the informant. It is also submitted that the primary allegation of kidnapping has been alleged upon one Shayama Kumari who has already been enlarged by this Court vide order dated 27.02.2025 in Criminal Misc Bail Application No.1779 of 2025. It has also been submitted that despite the said fact, the applicant is under incarceration since 31.12.2024. 5. Learned A.G.A. while opposing the bail application does not dispute the facts as narrated herein above. 6. Considering the submissions advanced by learned counsel for parties, upon perusal of material on record, prima faice and subject to further evidence being led in trial, it appears that main gist of allegation with regard to kidnapping has been imputed against the Shayama Kumari, who has already been enlarged on bail as indicated above. 7. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. Let applicant, Laxmi Singh involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) 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 abuse of liberty of bail and pass orders in accordance with law. (ii) 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. (iii) 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. (iv) 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. Order Date :- 3.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench