RISHU VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/6742/2025 · 2025-07-23
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152932 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152932 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42227 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6742 of 2025 Applicant :- Rishu Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Nouphil Ahmad 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 accused persons enticed away the complainant's 16-year-old daughter on 10.04.2025 at around 9:00 a.m., when she had gone out to purchase medicine.
Learned counsel for the applicant contends that the victim, in her statements recorded under Sections 180 and 183 of the BNSS, did not support the prosecution version. She also declined to undergo medical examination. As per her statement, the victim is 17 years old. The applicant is in jail since 18.04.2025 and has no prior criminal antecedents. 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 under Sections 180 and 183 BNSS, her refusal to undergo medical
examination, and the fact that the applicant is in jail since 18.04.2025 without any previous criminal history, this Court finds it a fit case to grant bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Rishu Vishwakarma involved in Case Crime No. 156 of 2025, U/S-137(2), 87 of B.N.S., P. S.- Banthra, 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 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 :- 23.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench