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2025 DAILYLAW 173335 (ALL)

SACHIN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.

BAIL/10770/2025 · 2025-11-11

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10770 of 2025 Court No. - 15 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.177 of 2025 under Section 137(2), 87 BNS, Police Station Kotwali Bikapur, District Ayodhya. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 17 years, went away from her home at about 8:00 p.m., but did not return thereafter and was reported missing. Learned counsel for the applicant submits that the applicant has no criminal antecedents. The victim, in her statement recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), has not supported the prosecution case. No allegation has been made against the applicant. It is further submitted that the victim had left her home on her own upon being annoyed with her father. In her statement recorded under Section 183 BNSS, she has also not supported the prosecution version, nor the victim has levelled any allegation against the applicant. The victim has refused to undergo medical examination. As per the statement of the victim as well as the entries in the Versus Counsel for Applicant(s) : Rohit Upadhyay, Pranvesh Awasthi Counsel for Opposite Party(s): G.A. Sachin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) family/parivar register, the victim has been found to be 17 years of age. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. has opposed the prayer for bail but could not dispute the facts as stated hereinabove. However, it is submitted that as per the school record, the age of the victim is 15 years. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the statements of the victim recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), her refusal to undergo medical examination, the fact that the applicant has no previous criminal history, the charge sheet has been filed,the applicant is in jail since 14.08.2025, 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 Sachin 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 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. BAIL No. 10770 of 2025 2 (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). 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. November 11, 2025 Madhu D.R/P.S BAIL No. 10770 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench