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2025 DAILYLAW 184404 (ALL)

AMAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/11544/2025 · 2025-12-05

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11544 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 the minor daughter of the informant, aged about 14 years, was enticed away by the applicant with the assistance of co-accused named in the FIR on 17.09.2025 at about 7:00 p.m. It is further alleged that, while leaving, she allegedly took jewellery articles valued at approximately Rs. 3,80,000/- along with cash. Submissions of learned counsel for the applicant is that the applicant has been falsely implicated. It is argued that the victim was a consenting party and voluntarily accompanied the applicant and resided with him for several days. 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 the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA, however, opposes the bail application and submits that as per the school records, the victim is 17 years and three months old. Perused the record. As per the statements of the victim recorded under Sections 180 and 183 BNSS, she is about seventeen years of age. No radiological examination appears to have been conducted by the prosecution to ascertain her exact age. In her statements under Sections 180 and 183 Versus Counsel for Applicant(s) : Subodh Kumar Pandey Counsel for Opposite Party(s) : G.A. Aman Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) BNSS, the victim has not attributed any act of enticement to the applicant; rather, it appears that she voluntarily accompanied him. Prima facie, the element of enticement seems to be lacking. The victim resided with the applicant for approximately 10–12 days without raising any alarm. The charge-sheet has already been submitted in the matter. In view of the aforesaid observations and considering the fact that the applicant is in custody since 01.10.2025 and has no criminal antecedents, this Court is of the view that a case for grant of bail is made out. Accordingly, the bail application is allowed. Let the applicant Aman Kumar, involved in Case Crime No. 660/2025, U/S- 137(2), 87 of B.N.S.-2023 (Corresponding Section-363, 366 I.P.C.) Police Station - Kotwali Mohammadi, District-Lakhimpur Kheri, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 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. December 5, 2025 R.C. BAIL No. 11544 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench