RANU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/7195/2025 · 2025-08-07
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155811 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155811 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46122 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7195 of 2025 Applicant :- Ranu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pradeep Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as the learned Additional Government Advocate for the State. Despite service of notice, as informed by the learned AGA, none appears on behalf of the complainant. In the prosecution case, it is alleged that on 24.12.2024 at around 06:00 p.m., while the informant and his wife were not present at home, the applicant, along with two co-accused persons, allegedly enticed away the informant’s 16-year-old daughter, who is said to have taken jewellery and a sum of Rs. 10,000/-. Despite making efforts, the informant was unable to trace her whereabouts.
Learned counsel for the applicant submits that as per the statement of the victim under Section 180 BNSS, she of her own accord went away with the applicant. Same story has been reiterated by her in the statement under Section 183 BNSS. The victim further stated that they have married. The applicant is in custody since 29.05.2025 and has no criminal antecedents. No radiological examination has been conducted to determine the age of the victim, and she has declined to undergo medical examination. As per the school records, the victim is 16 years, 7 months, and 10 days old. 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 fact that the charge sheet has been filed; the victim has not supported the prosecution case in her statements under Sections 180 and 183 BNSS; no radiological examination has been conducted; and as per her own statement under Section 180 BNSS, she claims to be 18 years old and married to the applicant; and also taking into account that the applicant, who has no criminal antecedents, is languishing in jail since 29.05.2025, I find it to be a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Ranu involved in Case Crime No.470/2024, Under section-, 137(2),87,64(1) BNS & 5J(2)/6 the Protection of children from sexual Offences Act, 2012, Police Station- Sandhana, District-Sitapur, 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 bail application and shall have no bearing on the merits of the trial.
Order Date :- 7.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench