Neutral Citation No. - 2025:AHC:110292 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21808 of 2025 Applicant :- Saddam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lal Prabhakar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard Sri Lal Prabhakar Singh, learned counsel for the applicant, Mrs. Pratibha Bohra, learned counsel for the complainant and learned Additional Government Advocate representing the State. The instant bail application has been preferred by the applicant with a prayer to release him on bail in Case Crime No.164 of 2025, under Sections 87, 137(2) of B.N.S. and Section 16/17 of POCSO Act, police station Dhanari, district Sambhal, during the pendency of the trial. As per prosecution case, in brief, the complainant, who is father of the victim got a F.I.R. lodged on 23.05.2025 for the alleged offence under Sections 137(2), 87 of B.N.S. against the applicant making allegation inter-alia that in the intervening night of 15/16.05.2025 at about 12:00 O' Clock his daughter aged about 17 years was enticed away by the applicant on the pretext of marriage. It is contended by learned counsel for the applicant that it is admitted fact that the victim was missing since the night of 15/16.05.2025 but no effort was made by her family members to get a missing report lodged in this regard. It is further submitted that the when victim came to know that his father going to lodged F.I.R. in the matter, she along-with the applicant return to home and as per prosecution case, victim was recovered from the bus stand, when she was standing with the applicant. Much emphasis has been given by contenting that the victim in her statement under Section 183 of B.N.S.S. did not make allegation of any misdeed against the applicant. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history to his credit. The applicant is languishing in jail since 23.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate representing the State as well as counsel for the complainant opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. It would be relevant to mention the statement of the victim recorded under Section 183 of B.N.S.S., which are as follows:- "बययान अवललोकन धयारया 183 बबीएनएसएस ममेरया नयाम ससुभन हह, ममेरबी उम्र 17 वरर मम 9th मम पढतबी हहह. मम सदयाम कलो पपछलमे तबीन सयाल समे प्ययार करतबी हहहूँ। पदिनयाक 16.05.2025 कलो दिलोपहर 01.00 बजमे उसकमे सयाथ कमे रल चलबी गयबी थबी वहया तबीन पदिन रहमे थमे, पफिर थयानमे समे फिलोन आनमे पर हम वयापस आ गयमे थमे . हमनमे शयारबीररक सम्बन्ध नहहीं बनयायमे, व्ययोंपक हमनमे कसम खयायबी थबी पक जब तक हमयारबी शयादिबी नहबी हलोगबी हम शयारबीररक सहबन्ध नहबी बनयायमेगम। मम अपनबी मजर्जी समे उसकमे सयाथ गयबी थबी। मसुझमे और कसु छ नहबी कहनया। यहबी ममेरया बययान हह।" Having heard learned counsel for the parties and examined the matter in its entirety, I find that in the light of statement of victim as noted above as well as considering the over all facts and circumstances of the case, keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant- Saddam, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 10.7.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad