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2025 DAILYLAW 151936 (ALL)

AMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/6663/2025 · 2025-07-21

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41486 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6663 of 2025 Applicant :- Aman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bharat Kumar Dixit 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 informant, aged about 15 years, was enticed away by the applicant on 08.04.2025 at around 7:00 p.m. Learned counsel for the applicant submits that the victim, in her statement recorded under Section 180 of the BNSS, has not supported the prosecution version. She stated that she left her home voluntarily and of her own free will with the applicant. In her subsequent statement under Section 183 of the BNSS, she again did not support the prosecution case, stating that she is 18 years old and went with the applicant of her own volition. She has also expressed her desire to marry the applicant. There is no corroborative material to substantiate the prosecution's allegations. The applicant has no prior criminal history and is in custody since 11.04.2025. 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 victim’s statements recorded under Sections 180 and 183 BNSS, the absence of corroborative evidence supporting the prosecution case, the applicant’s clean antecedents, and the fact that he is in custody since 11.04.2025, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Aman involved in Case Crime No. 138/2025 under Sections 137(2), 87 B.N.S, and Under Section 7/8 POCSO Police Station Bachrawan, District Raebareli 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