Neutral Citation No. - 2025:AHC:87229 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17639 of 2025 Applicant :- Awadhesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.46 of 2025, under Sections 137(2), 87 of B.N.S., Police Station - Raniya, District - Kanpur Dehat. 2. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant has been falsely implicated in the instant case due to ulterior motive. It is further submitted that as per the statement given by the prosecutrix/victim, she has stated in her statement under Section 183 B.N.S.S. that she went with her friend Rachna on her own sweet will. It is also submitted that she has not stated anything against the present applicant. She has returned back to her house on her own will. The reason for leaving her house was given that since her uncle and aunt were beating her, therefore, she left the house. In support of aforesaid argument learned counsel for applicant has referred the statement of victim, which is appended at Annexure - 5 of the paper book. It is also submitted that there are material contradictions in the version of F.I.R. and statement under Sections 180 and 183 of B.N.S.S. of the prosecutrix/victim. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed and the court concerned has taken cognizance. Applicant is languishing in jail since 29.03.2025. 3. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but has not contradicted the statement given by the prosecutrix/victim that she left her house on her own will, relying on the basis of statement given under Sections 183 B.N.S.S. 5. Heard learned counsel appearing on behalf of applicant, Sri Yogendra Singh, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that applicant is the man of clean antecedents; in the statement of 183 B.N.S.S., the porsecutrix clearly stated that she left her house on her own will; there are no role assigned to the applicant for forcing her or kidnapping her from her house; there are also no credible evidence on record to connect the applicant with the instant case at this stage; after completion of investigation, charge sheet has been filed and the court concerned has also taken cognizance; there is no previous criminal history against the applicant; applicant is languishing in jail since 29.03.2025; there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Awadhesh Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 22.5.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad