Neutral Citation No. - 2025:AHC-LKO:38064 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 743 of 2025 Applicant :- Lucky Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant under Section 482 BNSS apprehending his arrest in case crime No. 31/2025, under Sections 137(2) of BNS, P.S. Baundi, District Bahraich. Heard learned counsel for the applicant and learned A.G.A. for the State. Despite service of notice upon the complainant, as informed by the learned A.G.A., no one has appeared on her behalf. As per the FIR, it is alleged that on 18.02.2025 at around 7:00 PM, the minor daughter of the informant, aged approximately 17 years, was enticed away by the accused persons. Learned counsel for the applicant submits that the victim, in her statements recorded under Sections 180 and 183 of the BNSS, has not supported the prosecution version. She has not levelled any allegations against the applicant and has categorically stated that she went with him of her own accord and free will. According to her statement under Section 183 BNSS, her age is 17 years. It is further submitted that the essential ingredients to attract the offence under Section 137(2) of the BNS are not satisfied. The charge sheet in the matter has already been filed, and no purpose will be served by sending the applicant behind the bars. The applicant undertakes to cooperate during the trial. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the statements of the victim recorded under Sections 180 and 183 BNSS, so also the fact that the applicant has no criminal antecedent and the applicant’s undertaking to cooperate in the trial, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail, in view of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on interim anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 4.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench