Neutral Citation No. - 2025:AHC:137556 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23548 of 2025 Applicant :- Avdhesh Alias Awdesh Alias Muniya Opposite Party :- State of U.P. Counsel for Applicant :- R.C. Maurya Counsel for Opposite Party :- Ashish Goyal,G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant. By means of this bail application, applicant Avdhesh Alias Awdesh Alias Muniya, who is involved in Case Crime No. 160 of 2025, under Sections 87, 137(2) BNS, 2023, police station Fatehpur Sikari, district Agra, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, the complainant, who is father of the victim, got an F.I.R. lodged on 09.06.2025 for the offence under Sections 137(2), 87 BNS, 2023 against the applicant making allegation inter alia that on 08.06.2025, his daughter aged about 16 years was sleeping at home alongwith other family members but at about 03:00 A.M. in the night, she left her house without giving any information. Later on, he came to know that his daughter was enticed away by the applicant. It is argued by learned counsel for the applicant that the victim was recovered on 10.06.2025. Thereafter, her statements under Section 180 and 183 BNSS, 2023 were recorded, in which she did not make allegation of committing any misdeed against the applicant, rather she has stated inter alia that she on her own volition had gone with the applicant for solemnizing marriage and she wants to live with him. On the strength of statements of the victim, it is further argued that it is not a case of forceful enticing away of the victim by the applicant. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 10.06.2025 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 A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that on the date of incident, the victim was minor aged about 16 years but they could not dispute the other submissions advanced on behalf of the applicant as noted above. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the victim in her statements did not make allegation of any sexual abuse against the applicant and she has also stated inter alia that she on her own volition without giving any information to anyone had gone with the applicant. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, statement of the victim and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Avdhesh Alias Awdesh Alias Muniya 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 :- 13.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad