RAVI VISHWAKARMA @ SURYANSH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/7715/2025 · 2025-08-19
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158522 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158522 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48357 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7715 of 2025 Applicant :- Ravi Vishwakarma @ Suryansh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Manish Mani Sharma, Advocate on behalf of the complainant is taken on record. His name shall be printed in the cause list as counsel for the complainant when the case is next listed. Heard learned counsel for the applicant, learned A.G.A. for the State and
learned counsel for the complainant as well as perused the record. The accused-applicant seeks bail in Case Crime No.83 of 2025 under Sections 69, 87 BNS, Police Station Hanswar, District Ambedkar Nagar. In the prosecution case, it is alleged that the daughter of the informant, aged about 21 years, was enticed away by the applicant on the pretext of marriage on 18.05.2025 at about 6:00 a.m.
Learned counsel for the applicant submits that the victim is a consenting party and is major. He has drawn the attention of this Court towards the statements of the victim recorded under Sections 180 and 183 BNSS. It is further submitted that there is a lack of corroborative material and no medico-legal examination of the victim has been conducted. The applicant has no criminal antecedents and has been in jail since
06.06.2025. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. I have considered the arguments advanced by learned counsel for the parties, perused the record, the statements of the victim recorded under Sections 180 and 183 BNSS and the statement given to the doctor. On due consideration of the facts that the applicant has no criminal
antecedents, there is a lack of corroborative material in support of the prosecution case, and prima facie the victim appears to be a consenting party and major, coupled with the fact that the applicant has been in jail since 06.06.2025, and without expressing any opinion on the 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 Ravi Vishwakarma @ Suryansh 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 :- 19.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench