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2025 DAILYLAW 199915 (ALL)

KARAN @ ANSH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME

BAIL/9584/2025 · 2025-10-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9584 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.402 of 2025 under Section 87, 137(2) and 351(2) BNS, Police Station Inayat Nagar, District Ayodhya. In the prosecution case, it is alleged that on 10.08.2025 at about 5:45 p.m., the minor daughter of the informant went missing. It is further alleged that the applicant, who had been making calls to the complainant on his mobile phone, has enticed her away. Learned counsel for the applicant has submitted that the victim declined to undergo medical examination. It is further submitted that in her statement recorded under Section 180 of the BNSS, she did not level any allegation against the applicant; rather the statement reflects that she was a consenting party. In her subsequent statement recorded under Section 183 of the BNSS, she has outrightly denied the prosecution version. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. has opposed the prayer for bail of the applicant and submitted that as per the school records, the age of the victim has been found Versus Counsel for Applicant(s) : Kunj Bihari Pandey, Pawan Kumar Tiwari Counsel for Opposite Party(s) : G.A. Karan @ Ansh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home .....Opposite Party(s) to be 16 years and 4 months. I have considered the submissions advanced by the learned counsel for the parties and perused the record. On due consideration to the facts that the applicant has no criminal antecedents; he has been in custody since 20.08.2025; the statements of the victim recorded under Sections 180 and 183 of the BNSS; the victim has refused to undergo medical examination and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for being enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Karan @ Ansh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the IPC (now Section 269 BNS). BAIL No. 9584 of 2025 2 (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 of the IPC (now Section 209 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 8, 2025 Madhu D.R/P.S BAIL No. 9584 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench