Neutral Citation No. - 2025:AHC-LKO:35764 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5324 of 2025 Applicant :- Nikhil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jagdeshwar Prasad Yadav,Priyanka Gupta,Surendra Yadav 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.139 of 2025, under Sections 137(2), 87 BNS, Police Station - Mohammadi, District Kheri. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. 4. He further submits that the applicant is aged about 18 years and the victim of also contemporary to him. As the father of the victim was adamant to solemnize her marriage with someone else against her wishes but she was keen to enter into marriage with the applicant. As a result she left her house and called the applicant and thereafter she joined his association and went to Punjab but due to annoyance the FIR in question was lodged on the basis of incorrect facts. During the course of investigation statement of victim was recorded under Section 180 and 183 BNSS in which she has categorically denied the prosecution story and stated that she joined the company of the application on her own but all these facts have not been considered by the investigation officer and the chargesheet was submitted. The applicant is in jail since 13.03.2025 and in case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned AGA vehemently opposed the prayer of the applicant and submitted that the victim is a minor but he does not dispute the fact that the applicant is also aged about 18 years and he also does not dispute that the victim has not supported the prosecution version in the statement recorded under Sections 180 and 183 BNSS. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail. 6. The bail application is allowed. 7. Let the applicant- Nikhil Kumar, 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 I.P.C./269 B.N.S. (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./84 B.N.S.S. 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 I.P.C./209 B.N.S. (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./351 B.N.S.S. 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 18.6.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench