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2025 DAILYLAW 190505 (ALL)

GANESH PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/11640/2025 · 2025-12-09

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11640 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. Accused-applicant seeks bail in Case Crime No. 185 of 2025 under Sections 137(2)/87 BNS, P.S.-Alapur, District-Ambedkar Nagar. In the prosecution case, it is alleged that minor daughter of the informant went missing since 19.08.2025 at about 08:30 PM. Later, the complainant came to know that his daughter has been enticed away by the applicant alongwith co-accused persons. Submission of the learned counsel for the applicant is that the victim was a consenting party. She was about 17 years of age as per her School record. She refused to undergo medical examination and has not supported the case of the prosecution. Applicant has also explained the criminal history in para 16 of the bail application. 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. However, he submits that applicant has a criminal history of seven heinous cases. Considered the aforesaid and perused the record. On due consideration of the facts and that the victim in her statement under Versus Counsel for Applicant(s) : Vinay Kumar, Ajay Kumar Verma, Anubhav Awasthi Counsel for Opposite Party(s) : G.A. Ganesh Pratap Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Section 180 BNSS has stated that she went away alone with the applicant and subsequently married him. From a perusal of the statement under Section 183 BNSS, it appears that she was in relationship with the applicant and of her own volition went with him. On the date of incident, she travelled with the applicant through several districts including Azamgarh, Mau and wanted to marry with him. On 26.08.2025, she married with the applicant. Thus, prima facie element of enticement appears to be missing. Applicant has also explained the criminal history of seven cases and the charge sheet in the case has been filed, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant-Ganesh Pratap Singh involved in aforesaid case crime be released on bail 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 9, 2025 Vinay/- BAIL No. 11640 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench