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2025 DAILYLAW 158992 (ALL)

SHIVAM SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

BAIL/7825/2025 · 2025-08-21

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49016 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7825 of 2025 Applicant :- Shivam Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Manoj Kumar Verma,Uttam Gaudiya 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 Case Crime No.0031 of 2025 under Sections 87, 137(2), 64, 115(2), 351(3) BNS, Police Station Bangarmau, District Unnao. In the prosecution case, it is alleged that the daughter of the informant, aged about 17 years, went out of her home on 19.01.2025 and has been missing since then. In her statement recorded under Section 180 BNSS, she stated that she had gone with the applicant to Meerut of her own accord and had married him on 30.01.2025. It is further submitted that in the medical examination, no external or internal injuries were found, and the pathological report also does not corroborate the allegation of sexual assault. As per the school record, the victim was major on the date of incident, her date of birth being 01.01.2007. Learned A.G.A. has opposed the prayer for bail and submits that as per the radiological report the age of the victim is assessed to be around 16 years. I have considered the arguments advanced by the learned counsel for the parties as well as perused the record. On due consideration of the facts that the charge-sheet has already been filed in the matter; the applicant has no criminal antecedents; the victim has made contradictory statements under Sections 180 and 183 BNSS; there is a lack of corroborative medical or documentary material; and keeping in view the period of incarceration already undergone by the applicant, 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 Shivam Singh 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 :- 21.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench