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2025 DAILYLAW 154607 (ALL)

CHANDRABHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/7039/2025 · 2025-07-30

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43980 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7039 of 2025 Applicant :- Chandrabhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Anurag Singh 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 as well as perused the record. The accused-applicant seeks bail in FIR No.118 of 2025 under Section 87, 137 (2) BNS, Police Station Bheeti, District Ambedkarnagar. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 17 years, was enticed away by the applicant with the aid of co-accused persons. It is further alleged that while leaving, she took Rs.5,000/- and a mobile phone with her. Learned counsel for the applicant submits that the victim, in her statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has not supported the prosecution version. She has stated that she went with the applicant of her own free will and accord to Mumbai, where they got married. It is further submitted that the victim refused to undergo medical examination and no radiological test was conducted to determine her age. As per the school record, she is found to be 17 years of age. The applicant has no criminal antecedents. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the statements of the victim recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), there is no corroborative evidence, the applicant has no criminal history, he is in jail since 21.06.2025, and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Chandrabhan 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 :- 30.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench