Neutral Citation No. - 2025:AHC-LKO:35154 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5251 of 2025 Applicant :- Lallu Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Gyanendra Pathak Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 95 of 2025, under Sections 137(2), 142 B.N.S., Police Station- Visheshwarganj, District- Bahraich. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case merely on the basis of suspicion. He further submits that the victim has already been recovered and her statements has also been recorded. He next submits that the applicant, who is in jail since 09.05.2025, is ready to cooperate in the investigation and he does not have any criminal antecedent except the present case, hence, he may be released on bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that statement of victim has been recorded u/s 180 and 183 B.N.S.S. 5. Case diary placed before this Court by learned A.G.A. reveals that in the statement of victim recorded u/s 183 B.N.S.S., she categorically stated that on 13.04.2025 at about 11:25 am, she left her house on her own wish as she was in conversation with Dinesh. She also alleged therein that when this fact come into the notice of her family members, her mobile phone was taken by her sister. 6. Considering the submissions of learned counsel for the parties and going through the contents of the bail application, case diary placed before this Court by learned A.G.A. as well as other material, it is evident that the victim has not supported the prosecution version in her statement recorded u/s 183 B.N.S.S. Therefore, it is a fit case for bail. 7. The bail application is allowed. 8. Let the applicant- Lallu Yadav who is involved in aforementioned 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 subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (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 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 IPC. (v) 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., 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 174-A IPC. (vi) 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 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 10.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench