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2025 DAILYLAW 154695 (ALL)

AZEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6992/2025 · 2025-07-29

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43751 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6992 of 2025 Applicant :- Azeem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nijam Ahamad 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 present bail application has been filed by accused-applicant seeking bail in Case Crime No.132 of 2025, under Sections 137(2), 87 BNS, P.S. Ahirauli, District Ambedkar Nagar. In the prosecution case it is alleged that daughter of the informant aged about 19 years went away with a boy on 06.05.2025 in the evening since then she went missing. Learned counsel for the applicant submits that victim in her statement under Section 180 BNSS has stated that she is in relationship with the applicant for the last three years. She is 20 years old. She wants to marry him and she is residing away from home since 03.05.2025 with her friend Meera. In her statement under Section 183 BNSS also victim has stated that she on her own accord went away on 06.05.2025 to the house of her friend and she talks to applicant. He submits that no offence has been committed with victim. Victim has refused to undergo medical examination. Applicant has no criminal history. He submits that the applicant is in jail since 18.05.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 18.05.2025 having no criminal history, statement of the victim recorded under Sections 180 & 183 BNSS, refusal to undergo medical examination and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Azeem be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). Order Date :- 29.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench