ANKIT KUMAR @ CHAUDA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/3424/2025 · 2025-04-23
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135935 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135935 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22926 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3424 of 2025 Applicant :- Ankit Kumar @ Chauda Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Desh Ratan Mishra,Km. Priya Bhatt 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.37 of 2025, under Sections 137 (2), 87 BNS, P.S.- Maigalganj, District Lakhimpur Kheri. 3. As per contents of F.I.R.,the applicant allegedly enticed away the minor daughter of informant on 04.02.2025. 4. It has been submitted that the applicant has falsely been implicated in the charges levelled against him and it is evident from the fact that alleged victim has not supported the statement made in FIR, in her statement recorded under Sections 180 and 183 BNSS in which she has admitted that the applicant and victim were having a love affair and have subsequently married. It is also submitted that medical report of the victim also does not support the allegation levelled in the FIR. It is futher submitted that the applicant does not have any previous criminal history and is under incarceration since 11.03.2025. 5. Learned A.G.A. has opposed bail application but does not dispute the said fact. 6. Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to further evidence being led during trial, it appears that the alleged victim has not supported the story as indicated in the FIR and on the contrary, she has admitted that she was having love affair with the applicant with whom she subsequently married. 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.
8. Accordingly bail application is allowed. 9. Let applicant, Ankit Kumar @ Chauda 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