HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10013 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The accused-applicant seeks bail in Case Crime No.350 of 2025 under Section 87, 137(2), 351(2) BNS, Police Station Mailani, District Lakhimpur Kheri. 3.In the prosecution case, it is alleged that the minor daughter of the informant, aged about 16 years, was kidnapped by the applicant along with the co-accused in their Brezza car bearing registration number UP32KS8424. 4. Learned counsel for the applicant submits that a perusal of the statement of the victim recorded under Section 180 of the Bharatiya Nyaya Suraksha Sanhita, 2023, reveals that she was a consenting party. It is further submitted that the victim had accompanied the applicant from Shahjahanpur and stayed with him for a night, during which no alarm or complaint was raised. It is also pointed out that certain improvements have been made in her subsequent statement recorded under Section 183 BNSS. The medico-legal examination does not support the prosecution case, as no injury has been found on the person of the victim. As per the school records, the victim is more than 17 years of age and is a major; however, no radiological test has been conducted to ascertain her exact age. Versus Counsel for Applicant(s) : Ashok Kumar, Chandra Prakash Counsel for Opposite Party(s) : G.A. Irshad .....Applicant(s) State Of U.P. Through Principal Secretary, Home Department, Govt. Of U.P. Lucknow .....Opposite Party(s) 5. 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. 6. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. 7. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 8. On due consideration to the varied statements of the victim recorded under Sections 180 and 183 of the Bharatiya Nyaya Suraksha Sanhita, 2023; the improvements made in the prosecution case; the fact that the victim appears to be about 17 years and 4 months old as per the school records; no radiological test having been conducted to determine her age; the charge sheet having been filed; the applicant being in custody since 29.08.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Irshad be released on bail in aforesaid case crime 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 BAIL No. 10013 of 2025 2 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). (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). 11. 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 28, 2025 Madhu D.R/P.S BAIL No. 10013 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench