Neutral Citation No. - 2025:AHC-LKO:36236 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5489 of 2025 Applicant :- Shanu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Amit Kumar Awasthi,Amit Bhatt Counsel for Opposite Party :- G.A.,Ashok Kumar Hon'ble Shree Prakash Singh,J. Sri Ashok Kumar, advocate, has put in appearance by way of filing vakalatnama on behalf of the complainant and the same is taken on record. Heard learned counsel for the applicant, Sri Ashok Kumar, counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 157 of 2025 under sections 137(2)/87 B.N.S.S. P.S.- Neemgaon District - Kheri. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that there is no independent and cogent piece of evidence against the applicant so as to connect him in the present matter. He added that the first information report is delayed by six days and no plausible explanation is given thereof. He also submits that the applicant is eighteen years of growing age and if he is not being released on bail, he will come into the contact of criminals inside the jail. He further added that the applicant is cooperating in the investigation proceedings and he has no previous criminal history as is mentioned in paragraph no. 21 of the affidavit filed in support of the bail application and he is languishing in jail since 19.05.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Learned counsel appearing for the complainant has opposed the contentions aforesaid and has drawn attention towards the statement of the victim under section 183 of BNSS and submits that the applicant called the victim and had taken away to Delhi and left her over there thus, submission is that the applicant is not entitled for any relief. Learned AGA appearing for the State has supported the version of counsel for the complainant and submits that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the first information report is delayed by six days and no plausible explanation is given thereof; applicant is languishing in jail since 19.05.2025; prima facie, there is no independent and cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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 fit case of bail. Let the applicant- Shanu involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 24.6.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench