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Neutral Citation No. - 2025:AHC:130345 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26518 of 2025 Applicant :- Amiruddin Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- Dur Vijay Singh,G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State of U.P. and learned counsel appearing on behalf of the first informant / complainant. 2-The instant bail application has been filed on behalf of the applicant-Amiruddin with a prayer to release him on bail in Case Crime No. 32 of 2025, under Sections 137(2), 87 B.N.S., 2023, Police Station- Indergarh, District-Kannauj, during the pendency of trial. 3-The brief facts of the case which are required to be stated are that the complainant, who is father of the victim got a first information report lodged on 06.02.2025 for the offence under Sections 137(2) and 87 B.N.S. against the applicant making allegation inter-alia that on 04.02.2025 between 02:00 pm and 02:30 pm, his daughter has left her house and she, while going away, took Rs. 50,000/- cash and jewellery worth Rs. 2,00,000/- with her. F.I.R. also alleges that the victim was enticed away by the present applicant. 4-It is argued by learned counsel for the applicant that the F.I.R. of the incident in question was lodged after delay of two days. It is next submitted that after the recovery of the victim, her statement under Section 180 and 183 B.N.S. was recorded, in which
she has stated inter-alia that she has been in touch with the applicant for the last 1-1/2 year and she had voluntarily left with him and got her marriage solemnized in Panipath without any physical relation due to her being under age. It is next submitted that the victim, in her statement, has also stated that the applicant did not commit any misdeed with her. Much emphasis has been given by contending that the victim has disclosed that her parents were inclined to solemnize her marriage with someone else and that boy used to drink alcohol, therefore, she herself left her house. Victim has also refused for her internal medical examination. 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
19.06.2025. 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 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. 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., 2023 as noted above, applicant has made out a prima-facie case for bail. 7-Accordingly, the instant bail application is allowed. 8-Let the applicant-Amiruddin 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 :- 4.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad