Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41461 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6570 of 2025 Applicant :- Aman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Upendra Kumar Sagar,Pawneesh Kumar Vikram 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. In the prosecution case, it is alleged that the minor daughter of the complainant, aged about 16 years, went missing from her home on 31.05.2025 at around 2:00 PM.
Learned counsel for the applicant submits that the victim, in her statement recorded under Section 180 of the BNSS, did not support the prosecution version. She stated that she left home on her own after being annoyed with her parents. In her subsequent statement under Section 183 of the BNSS, she again did not support the prosecution case and admitted that she voluntarily went with the applicant and stayed in Lucknow for eight days. She further stated that there was no physical relationship between them and declined to undergo medical examination. The applicant has disclosed his criminal antecedents involving two cases in the supplementary affidavit. The applicant is languishing in jail since 14.06.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not
dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the contents of her statements under Sections 180 and 183 of the BNSS, so also the fact that the victim has not undergone any radiological or medical examination; the explanation of criminal antecedents provided by the applicant in the supplementary affidavit and the fact that the applicant is in custody since 29.05.2025, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Aman involved in Case Crime No. 497/2025, U/S-310(2),317(3), BNS, Police station- Kotwali Sadar, 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
82 Cr.P.C. (now 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 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial.
Order Date :- 21.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench