PRAVESH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
BAIL/6873/2025 · 2025-07-28
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 153442 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153442 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43410 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6873 of 2025 Applicant :- Pravesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Dinesh Kumar,Keshav Ram Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State. Although notice has been served upon the informant, as per the statement of the learned A.G.A., no one has appeared on behalf of the informant. The accused-applicant seeks bail in Case Crime No.122 of 2025 under Section 87, 137(2) BNS, Police Station Ibrahimpur, District Ambedkar Nagar. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 12 years, was enticed away by the applicant on
20.05.2025.
Learned counsel for the applicant submits that the victim, in her statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), has not supported the prosecution version and has refused to undergo medico-legal examination. The applicant is in judicial custody since 22.05.2025. Learned A.G.A. has opposed the bail prayer and submitted that the radiological age of the victim has been found to be 12 years, and even as per the school records, she is 12 years of age. I have considered the arguments advanced by learned counsel for the parties and have perused the material available on record. On due consideration of the facts that the applicant has no criminal antecedents, is in jail since 22.05.2025, the victim has not supported the prosecution case in her statements under Sections 180 and 183 BNSS, has refused medical examination, and in the absence of any corroborative
evidence, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Pravesh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 of the IPC (now Section 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 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 of the IPC (now Section 209 BNS).
Order Date :- 28.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench