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Neutral Citation No. - 2025:AHC:107115 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20883 of 2025 Applicant :- Avnish Alias Anish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Vipan Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sunil Kr. Singh, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. and perused the record.
2. The instant application has been filed to enlarge the applicant on bail in case crime No. 124 of 2025, under Sections 137(2), 87 BNS, P.S. Sikanderpur, District Ballia.
3. Contention of learned counsel for the applicant is that though as per allegation in the F.I.R., the applicant enticed away the sister of the first informant, but the victim in her statement, recorded u/s 183 BNSS, has specifically stated that she was 16 years old and she left the house on her own as she was in relationship with the applicant for the last one year and she got married to the applicant but the applicant did not commit any wrong to her. It is further submitted by counsel for the applicant that the applicant is a law abiding citizen and he is languishing in jail since 7.5.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.
5. Thus, considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Avnish @ Anish Kumar, involved in the aforementioned 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, with the following conditions:-
i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad