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2025 DAILYLAW 196400 (ALL)

GYANENDRA @ BELA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO . AND ANOTHER

BAIL/10446/2025 · 2025-11-17

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10446 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 informant’s daughter went to sleep on 19.08.2025, however, when the complainant woke up the next morning, she was found missing. Submission of learned counsel for the applicant is that the victim is a consenting party and has admitted to being in a relationship with the applicant for the past 5–6 years. She left with the applicant of her own free will. In both of her statements recorded under Sections 180 and 183 BNSS, she has reiterated the same version and has not supported the prosecution case. It is further submitted that no offence under Sections 137(2) and 87 BNS is made out. 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. Versus Counsel for Applicant(s) : Virendra Kumar Mishra, Shailendra Kumar Yadav Counsel for Opposite Party(s) : G.A. Gyanendra @ Bela .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko . And Another .....Opposite Party(s) Considering the statements of the victim recorded under Sections 180 and 183 BNSS; the fact that she appears to be a consenting party; the absence of any element of enticement; the applicant’s incarceration since 23.08.2025 and his lack of criminal antecedents; and the filing of the charge sheet, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Gyanendra @ Bela, involved in Crime No. 153/2025, under Sections 137(2),87 BNS, P.S Ijaunja, District Lucknow, 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. November 17, 2025 R.C. BAIL No. 10446 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench