HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5648 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 10.06.2025 at about 11:00 p.m., the informant’s daughter, aged about 18 years, was enticed away by some unknown persons. It is further alleged that she used to communicate through mobile number 8303172276, which has remained switched off since that day. Learned counsel for the applicant submits that the applicant has no criminal antecedents and is a relative of the victim. It is contended that no offence has been committed by him and that both the applicant and the victim were in a relationship. The applicant was arrested from his residence and has not attempted to abscond. His name surfaced in the investigation after 37 days. It is further submitted that after nearly three months, the investigating officer introduced three witnesses claiming to have seen the victim last with the applicant. The FIR was lodged after an unexplained delay of 11 days. Except for mere suspicion, there is no substantive evidence against the applicant, and there are no eyewitnesses to the alleged incident. The applicant is in custody since 04.05.2025. 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 Versus Counsel for Applicant(s) : Eshan Garg, Anil Kumar Pandey, Anurag Patel, Prachi Arya Counsel for Opposite Party(s) : G.A. Mohd. Arfaz .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lko. And Another .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application. Upon consideration of the facts that the applicant has no criminal antecedents, apart from the call detail records, no substantial material has been collected by the prosecution, the eyewitnesses were introduced after an unexplained delay of three months, and the applicant's name surfaced only at a belated stage of the investigation, I am satisfied that this is a fit case for bail, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Mohd. Arfaz involved in Case Crime No. 73 of 2025, Under Section 87,137(2) of B.N.S., Police Station- Kotwali nagar, District- Barabanki, 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. BAIL No. 5648 of 2025 2 (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. October 29, 2025 R.C. BAIL No. 5648 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench