Neutral Citation No. - 2025:AHC-LKO:22924 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3425 of 2025 Applicant :- Raju Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Applicant :- Vinod Kumar Singh,Abhishek Upadhyay 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.02 of 2025, under Sections 137 (2), 87 BNS, P.S.- Mohammadi, District Lakhimpur Kheri. 3. As per contents of F.I.R., one Ajay Kumar is said to have enticed away the daughter of informant on 28.11.2024. 4. It is submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against him only on account of the fact that during the course of investigation, it transpired that the girl was living with applicant. It is submitted that even as per contents of FIR, the alleged victim is 25 years of age and in her statements recorded under Sections 180 and 183 BNSS, she admitted that she has conducted a court marriage with the applicant. 5. It is also submitted that the applicant does not have any previous criminal history. 6. Learned A.G.A. on the basis of instructions admits the fact that the alleged victim in her statement has stated that she has conducted a court marriage with the applicant and subsequently after filing of charge sheet, the informant has also given an application that he does not wish to prosecute the case. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that the statements of victim do not corroborate with the allegation levelled in the FIR wherein she has admitted the court marriage having been conducted with the applicant. 8. 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 case of bail. 9. Accordingly bail application is allowed. 10. Let applicant -Raju 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 :- 23.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench