Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107892 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20863 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ananya Upadhyay,Rakesh Chandra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ananya Upadhyay, learned counsel for the applicant, Sri Sunil Kumar Kushwaha, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.40 of 2025, under Sections 87, 137(2) BNS, Police Station- Cholapur, District Varanasi.
3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR, which was lodged as missing report regarding missing of victim. However, in the statement of victim recorded under Section 183 BNSS, she herself stated that she is 16 years old and she left her house on her own sweet will and also married to the applicant. It is further submitted that the applicant has no criminal history and he is languishing in jail since
30.03.2025. 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.
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- Amit 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 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad