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2025 DAILYLAW 199696 (ALL)

AKHILESH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/9834/2025 · 2025-10-15

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. - 9834 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. Supplementary affidavit filed by learned counsel for the applicant is taken on record. In the prosecution case, it is alleged that the applicant forcibly took away the informant’s daughter and threatened to make an obscene video of her viral if she did not elope with him. Learned counsel for the applicant submits that the victim is a major, aged about 20 years. It is further submitted that the victim has given inconsistent statements under Sections 180 and 183 of the BNSS, and certain improvements have been made in her later statement recorded under Section 183 BNSS. The statements of the victim, therefore, do not inspire confidence. The victim has also declined to undergo medical examination. It is stated that the charge sheet has already been filed, and the applicant has explained the criminal history of one case in the supplementary affidavit. 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) : Niyaj Ahmad Counsel for Opposite Party(s) : G.A. Akhilesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) In view of the facts and circumstances of the case, and considering that the statements of the victim do not inspire confidence, the applicant is languishing in jail since 13.08.2025, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Akhilesh involved in Case Crime No.142 of 2025, Under Sections-74, 76, 77, 79, 87, 127 (2), 352, 351 (3) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, Police Station- Ibrahimpur District- Ambedkar Nagar, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) 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 in accordance with law. (vi) 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. (now Section 84 BNSS) 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 IPC BAIL No. 9834 of 2025 2 (now Section 209 of BNS). 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. October 15, 2025 R.C. BAIL No. 9834 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench