HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9415 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Vijay Kumar Asthana, the learned counsel for the applicant, Sri Amit Kumar Dwivedi, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 398/2025, under Sections 143(4), 351(3), 127(2) B.N.S., Police Station Bhinga, District Shravasti. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.08.2025 against five persons, including the applicant, stating that the informant is a girl aged 16 years, on 14.08.2025 she had come to Gorakhpur from her residence. After her work she had started up for going her home and when she woke up at about 01:00 p.m. on 15.08.2025, she found herself in a home at district Bahraich. 4. Co-accused persons Omkar Nath, his wife, mother and a small child were there. Omkar Nath and his mother stated that they would drop the complainant back home, they brought her to a place where the applicant Ferai, co-accused Jhalusey and Kewal Prasad met them. Co-accused Kewal Prasad purchased her for Rs. 70,000/- and he took her to his home and forcibly kept her there. On 18.08.2025, the complainant made a call to no. 112 from the phone of Kewal Prasad and thereafter the police came there. 5. In the affidavit filed in support of the applicant, it has been stated Versus Counsel for Applicant(s) : Vijay Kumar Asthana Counsel for Opposite Party(s) : G.A. Ferai .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) that the applicant is a 68 years old person having no criminal history and he has been falsely implicated in the present case. 6. In the statement recorded under Section 180 BNSS, the victim reiterated the FIR version but she specifically stated that Omkar Nath sold her to Kewal Prasad for Rs. 70,000/-. 7. In the statement under Section 183 BNSS also, the victim levelled allegation of selling and purchasing on Omkar Nath and Kewal Prasad. 8. Learned AGA has opposed the bail application and he has submitted that the investigation in the matter is still going on. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the complainant has stated about involvement of the applicant in commission of the offence, she has merely stated about the applicant's presence at a particular spot and she has not alleged commission of any specific misdeed by him, I am of the view that the applicant is entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Ferai be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 26, 2025 Pradeep/- BAIL No. 9415 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench