Neutral Citation No. - 2025:AHC:53157 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4846 of 2025 Applicant :- Vishnu Patel Opposite Party :- State of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Shivakant, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Vishnu Patel, seeking enlargement on bail in Case Crime No. 0009 of 2025, under Section 87, 137 (2) of BNS, Police Station Sultanpur Ghosh, District Fatehpur. 3. The allegation made in the FIR is that on 30.12.2024, daughter of informant had enticed away by the applicant. The informant searches her in the place of relatives. The victim taken away Rs. 50,000/- and her mother's jewelry . 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 09.01.2025. He has criminal antecedent of two cases, which has been explained in para 2 of the supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the the incident took place on 30.12.2024 and the FIR has been lodged after 12 days of the incident without given any explanation for delay in lodging the FIR. It is submitted that the victim has been produced before the Magistrate for recording her statement under section 183 BNS wherein she has clearly stated that she has left her house with her own will because her father was fixed her marriage from another person with whom she did not want to marry and also her father was beaten. It is further submitted that there are several contradictions in the statement of victim recorded under Sections 180 and 183 BNSS and the victim has not supported the prosecution version. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Vishnu Patel, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 9.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad