Neutral Citation No. - 2025:AHC:125772 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25800 of 2025 Applicant :- Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.,Om Prakash Pandey Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 304 of 2025, under Sections 123, 3(5) B.N.S., Police Station Nai Mandi, District Muzaffar Nagar during the pendency of trial. 3-As per the prosecution case in brief, complainant, who is father of the victim got a first information report lodged on 17.06.2025 for the offence under Section 87 B.N.S., 2023 against the applicant making allegation inter-alia that on 16.06.2025 at about 12:30 pm, his daughter aged about 18 years was enticed away by the applicant. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. The victim is a major girl, aged about 18 years. It is next argued that the informant, in his statement under Section 180 B.N.S.S., has improved the prosecution case by ameliorating that the applicant had administered some poisonous substance in the sweet lemon juice (shikanji) of his younger daughter. The younger daughter of the complainant was also medically examined, in which no opinion has been given by the doctor with regard to the allegation against the applicant of giving poisonous drink. Learned counsel for the applicant next submits that the victim has refused for her medical and internal examination. It is also pointed out that the victim, in her statement under Section 183 B.N.S.S., has clearly stated that she herself had gone with the applicant and false case has been registered by her family members against the applicant. She has also stated that the applicant has not committed any misdeed with her. He next submits that after recording the statement of the younger daughter of the complainant and considering her medical report, Section 123 and 3(5) of B.N.S. have been added against the applicant. Lastly it is submitted by learned counsel for the applicant 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 and is languishing in jail since 25.06.2025. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State 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. 6-Having heard learned counsel for the parties and examined the matter in its entirety and in the light of statement under Section 183 of B.N.S.S. of the victim, I find that the applicant has made out a prima-facie case for bail. 7-Accordingly, the instant bail application is hereby allowed. 8-Let the applicant-Saurabh, 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 before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 29.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad