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2025 DAILYLAW 145894 (ALL)

MITLESH v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/5963/2025 · 2025-07-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37364 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5963 of 2025 Applicant :- Mitlesh Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Dheeraj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. According to the prosecution case, the applicant allegedly enticed away the informant’s minor daughter, aged about 14 years, on 12.04.2025 at around 11:00 p.m. Learned counsel for the applicant submits that he has been falsely implicated in the present case. It is contended that the victim of her own accord and free will went away from her house. She has not supported the prosecution version in either of her statements recorded under Sections 180 and 183 Cr.P.C. Moreover, no medico-legal or radiological examination of the victim has been conducted. The applicant is in custody since 29.04.2025 and has no prior criminal history. Learned AGA has opposed the bail application submitting that as per the school record, the age of the victim is 15 years 10 months and 7 days, however, could not explain as to why the victim was not subjected to radiological examination. Perused the record. On due consideration to the statements of the victim recorded under Sections 180 and 183 BNSS, the absence of both medico- legal and radiological examinations, the fact that the applicant has no previous criminal record, the charge sheet has been filed, and the applicant is in custody since 29.04.2025, and without expressing any opinion on the merits of the case, I am of the opinion that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Mitlesh involved in Case Crime No. 253/2025, under Sections 87/137(2) of BNS, Police Station - Mohammdai, District - Lakhimpur Kheri, 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 209 of BNS. Order Date :- 2.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench