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2025 DAILYLAW 151303 (ALL)

KARAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

BAIL/6481/2025 · 2025-07-15

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40235 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6481 of 2025 Applicant :- Karan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that daughter of the complainant whose date of birth is 19.3.2008 has been enticed away by the applicant who is a resident of Unnao. 3.Learned counsel for the applicant submits that the charge sheet in this case has already been filed. The victim in her statement under section 180 BNSS has not supported the prosecution case. She has stated that she on her own accord went away with the applicant and stayed together from 4.5.2025 to 9.5.2025 and performed court marriage. In the statement under section 183 BNSS, she has again reiterated stand taken by her while giving statement under section 180 BNSS. The applicant has refused to undergo medical examination. The applicant has no previous criminal history. The applicant is in jail since 10.5.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail, however, could not dispute the fact that charge sheet has already been filed and the victim has not supported the prosecution case. . 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, statement of the victim recorded under sections 180 and 183 BNSS, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Karan, involved in Case Crime No.199 of 2025 under sections 87, 137(2) BNS, P.S. P.G.I., district Lucknow 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 under Section 229-A I.P.C. (now 269 BNS) (vi) 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. (now 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 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 15.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench