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2025 DAILYLAW 184691 (ALL)

ANKIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.

BAIL/11902/2025 · 2025-12-01

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11902 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. The present application has been filed seeking bail in FIR/ Case Crime No.0331 of 2025, under Sections 137(2) and 87 of Bharatiya Nyaya Sanhita, 2023, Police Station Dhanepur, District Gonda. 3. Learned counsel for the accused-applicant has invited the attention of the Court towards the statement of the prosecutrix recorded under Section 183 of Bharatiya Nyaya Sanhita, 2023, wherein she has stated that she had gone to Jammu along with the applicant on her own free will and remained there for some time with him. She has further stated that she had left the house out of her free will. She has not made any allegation of sexual assault against the applicant. Counsel for the applicant further submits that there is no criminal history of the applicant and he is in jail since 21.10.2025. 4. Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts. 5. Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for the applicant that prosecutrix does not support the prosecution case and he is in jail since 21.10.2025, the applicant is entitled to be released on bail. Versus Counsel for Applicant(s) : Somdutta Singh, Mahendra Kumar, Shivam Mishra Counsel for Opposite Party(s) : G.A. Ankit Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) 6. Let applicant Ankit Kumar be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :- (i) 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. (ii) 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 Indian Penal Code. (iii) 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. 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 Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. December 1, 2025 Rao/- BAIL No. 11902 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench