Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36442 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Bharat Singh, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 293 of 2023, under Sections 363, 366 IPC , Police Station- Hathras Kotwali, District Hathras. 3. Contention of learned counsel for the applicant is that in the FIR, the allegation has been made against the applicant to entice away the daughter of the informant but the victim girl in her statement recorded under Section 161 Cr.P.C. specifically stated that she herself left her house and thereafter the applicant also accompanied her for Delhi. However, the victim under the influence of her parents made allegation in her statement recorded under Section 164 Cr.P.C. against the applicant to entice away. Statement of victim itself shows that she herself left for bus station on calling by the applicant. Therefore, the applicant has not committed any offence. He further submitted that the charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 08.01.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
Let the applicant- Raza Hussain @ Raju involved in the aforementioned crime 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:- Versus Counsel for Applicant(s) : Bharat Singh Counsel for Opposite Party(s) : G.A. Raza Hussain Alias Raju .....Applicant(s) State of U.P. .....Opposite Party(s)
i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. October 17, 2025 A.Kr. BAIL No. 36442 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad