HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9363 of 2025 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Applicant-Vipin has filed this application under Section 483 B.N.S.S. for grant of regular bail, during the pendency of trial in Case Crime No.143 of 2025, under Sections 137(2), 87, 142 B.N.S.S., Police Station Sampurnanagar, Disitrict Kheri. The applicant is in custody in this case since his arrest on 11.08.2025. Learned counsel for the applicant has argued that as per allegations the victim ( a minor girl, aged 14 years) was enticed away by the applicant on 02.08.2025, whereupon the subject case for alleged commission of offence of kidnapping has been registered against the applicant, but in the given facts/investigation, no such offence would be made out. Learned counsel for the applicant submits that the applicant is a 19 years old boy and according to the statement of the victim herself, she had voluntarily left her house to join the company of the applicant. According to learned counsel, they both had performed marriage in a temple against the wishes of the parents of the girl, therefore, the applicant and his parents have been implicated in the case. He submits that the applicant has been in custody for more than two months and that the investigation is nearing its conclusion, therefore, he prays for regular bail Learned State Counsel while opposing the prayer does not dispute the fact that during investigation, the statement of Prema (Aunt of the minor girl) was also recorded under Section 180 B.N.S.S., who also narrated about the ceremony of the marriage of the applicant with the minor girl, though Versus Counsel for Applicant(s) : Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Vipin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. .....Opposite Party(s) according to him it was performed by use of force. Learned State Counsel further states that soon after the marriage, the complainant and his other relatives retrieved the custody of the minor girl and they all came to the police station for registration of the F.I.R., and the factum of marriage is not disputed by the complainant himself. He prays for dismissal of the application. At this stage, learned counsel for the applicant has also produced the photographs of the alleged marriage between the applicant and the victim to contend that merely because the victim was not of marriageable age, the said marriage may not be a void marriage, and at best it would be a void marriage. He reiterates his prayer for regular bail. Upon hearing the learned counsel for the parties and considering their rival submissions, this Court finds that the parents of the applicant have already been extended the concession of regular bail. Further, the trial in the case is yet to commence, therefore, it is evident that it is not likely to conclude in near future. The material witnesses in the case are either the complainant or his relatives and presently there does not seem to be any possibility of their being own over. Thus, in the light of the above background as well as the nature of the case set up by the prosecution, this Court is of the considered opinion that the further detention of the applicant behind the bars would no serve any useful purpose. Resultantly, without meaning any expression of opinion on the merits of the case, the bail application is allowed and it is ordered that the applicant- Vipin be released in the above case crime subject to his furnishing requisite bail bonds and surety bonds to the satisfaction of the trial court. (Manoj Bajaj,J.) October 6, 2025 Arvind BAIL No. 9363 of 2025 2 Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench