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Neutral Citation No. - 2025:AHC:137681 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23724 of 2025 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Ankit, who is involved in Case Crime No. 65 of 2025, under Sections 137(2), 87 BNS, police station Shivali, district Kanpur Dehat, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is maternal uncle of the victim, got an F.I.R. lodged on 20.02.2025 for the alleged offence under Sections 87, 137(2) BNS, 2023 against Ankit, Raj Kumar and Sultan stating inter alia that on 20.02.2025, his niece aged about 16 years had gone to the field to cut cattle feed but she did not return. Later on, it was revealed that she has been enticed away by the accused persons. It is argued by learned counsel for the applicant that the victim was recovered on 21.02.2025. Thereafter, her statement under Section 180 BNSS was recorded, in which she has stated that she herself left her house and on the way at Rasoolabad, Ankit met her, from where police brought her to the police station. The applicant Ankit did not commit any misdeed with her. When her statement under Section 183 BNSS was recorded, she stated inter alia that she had telephonic conversation with the applicant for the last one year and she on her own volition had
gone with the applicant, who took her to his relative where she stayed but on 21.02.2025, police came there and brought her back. She has specifically stated that she was not enticed away by anyone and nothing wrong has been done with her. On the strength of aforesaid facts, it is argued that it is not a case of forceful enticing and driving away the victim. 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 01.03.2025 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 but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 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 any allegation of committing misdeed against 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 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 Ankit 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