Neutral Citation No. - 2025:AHC:130468 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15567 of 2025 Applicant :- Sujeet Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ravish Kumar Singh Counsel for Opposite Party :- Abhishek Tiwari,G.A.,Mahendra Pratap Singh,Rohit Singh,Virendra Kumar Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ravish Kumar Singh assisted by Sri Brijesh Yadav, learned counsel for the applicant, Sri Virendra Kumar Yadav, learned counsel for the informant, Sri Ashwani Kumar Tripathi, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 94 of 2025, under Sections 137(2), 87 BNS, Police Station- Cholapur, District- Varanasi, during the pendency of trial. 4. As per prosecution case, the applicant and co-accused person Munna Kumar Neta are stated to have enticed away the minor daughter of the informant on 16.03.2025 at about 03:00 AM. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. F.I.R. is delayed by about 18 hours and there is explanation to the said delay caused. The time of elopement of the victim itself indicates her consent which is 03:00 AM. There is no medical corroboration of the said incident as she has refused her medical examination. 6. It is further argued by learned counsel for the applicant that victim is stated to be 15 years old but by her looks she seems to be major. The victim in her statement recorded under Section 183 BNSS has stated that she was forced by the applicant to take away valuables from her house, however, the said allegations are per se false and express her consent. The statement recorded under Section 183 BNSS is self contradictory and is inconsistent as it keeps on vacillating at several places. 7. Learned counsel for the applicant has further stated that the applicant has a criminal history of one case and he has been enlarged on bail in the said case, which has been explained in paragraph 25 of the affidavit accompanying the bail application. The copy of the bail order has been filed as Annexure- 11 to the affidavit. The applicant is languishing in jail since 17.03.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Sujeet Kumar, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 4.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad