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Neutral Citation No. - 2025:AHC:135529 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25780 of 2025 Applicant :- Rakesh Kol Opposite Party :- State of U.P. Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A. 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 preferred on behalf of the applicant-Rakesh Kol with a prayer to release him on bail in Case Crime No. 74 of 2025, under Sections 137(2), 87 B.N.S., Police Station Haliya, District Mirzapur during the pendency of trial. 3-As per the prosecution case in brief, complainant- Sangeeta, mother of the victim has lodged an F.I.R. on 21.04.2025 for the offence under Sections 137(2) and 87 B.N.S. against the present applicant alleging inter-alia that in the intervening night of 18/19.04.2025, the applicant, who is also the resident of her village and used to talk to her daughter, has enticed her away. 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 was recovered on 21.04.2025. Thereafter, her statement under Section 180 and 183 B.N.S.S., 2023 has been recorded, in which she has stated inter-alia that she, on her own sweet will, had left her house, thereafter, she called the applicant-Rakesh and gone with him to Allahabad. The victim also stated that she has not been enticed away by the applicant. On the strength of aforesaid facts, it is submitted that the victim, in her statement, did not make any allegation against the present applicant, therefore, the applicant who has no criminal antecedent and is languishing in jail since
25.04.2025 may be enlarged on bail. 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, this Court is of the view that in the light of statement of the victim recorded under Section 180 and 183 B.N.S.S., 2023, as noted above, the applicant has made out a prima- facie case for bail. 7-Accordingly, the instant bail application is allowed.
8-Let the applicant-Rakesh Kol, 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 :- 11.8.2025/Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad