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2025 DAILYLAW 154137 (ALL)

RAMCHANDRA ALIAS RAM JI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6913/2025 · 2025-07-29

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43772 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6913 of 2025 Applicant :- Ramchandra Alias Ram Ji Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Neeraj Pandey 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 on 02.05.2025, the informant’s minor daughter, aged about 16 years, went missing from her residence. She was later recovered on 11.05.2025 near the Saket Bypass. Learned counsel for the applicant submits that the victim, in her statement recorded under Section 180 BNSS, did not support the prosecution version. She clearly stated that she had gone with the applicant voluntarily and of her own free will. Even in her subsequent statement recorded under Section 183 BNSS, she did not level any allegations against the applicant. The victim also refused to undergo medical examination. The charge sheet has already been submitted in the matter. The applicant is in custody since 15.05.2025 and has no 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. Upon due consideration of the facts that the investigating officer did not get any radiological examination of the victim conducted; as per school records, the victim appears to be around 16 years of age; no allegation has been made by the victim in her statements under Sections 180 and 183 BNSS and she declined to undergo medical examination, coupled with the fact that the applicant is languishing in jail since 15.05.2025 and has no prior criminal record, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Ramchandra Alias Ram Ji involved in Case Crime No. 215/2025, under Sections 87/137(2) BNS, Police Station - Kotwali Ayodhya, District - Ayodhya, 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 :- 29.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench