HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26680 of 2025 Court No. - 67 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 Sagar Kumar, who is involved in Case Crime No. 40 of 2025, under Sections 137(2), 140(2), 61(2), 96, 142 BNS, police station Ushait, district Budaun, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, on 06.03.2025, complainant, who is father of the victim, got an F.I.R. lodged at Case Crime No. 40 of 2025, under Section 137(2) BNS, against two unknown persons stating inter alia that when his daughter was playing in school, two unknown persons who were passing through the said school kidnapped his daughter aged about 1.5 years. It is argued by learned counsel for the applicant that the victim was recovered on 08.03.2025 from roadways bus stand and it is the case of the prosecution that some unknown person leaving the victim near roadways bus stand ran away. On 10.03.2025, Sagar Kumar, Aman and Yashpal were apprehended by the police and recovery of country-made pistol of 315 bore have been shown from the possession of the applicant, regarding which separate F.I.R. was lodged being Case Crime No. 42 of 2025, under Section 109 BNS Versus Counsel for Applicant(s) : Hemant Kumar Patel, Ravi Shankar Tripathi Counsel for Opposite Party(s) : G.A. Sagar Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) and Section 3/25 Arms Act, Police Station Ushait, District Budaun and it is also the case of the prosecution that they in their confessional statement have confessed their guilt and involvement in present Case Crime No. 40 of 2025, therefore, on the basis of their confessional statement, they are made accused in the present case. It is further submitted that during investigation, mother of the victim claims herself to be an eye-witness of the incident but when she was examined before the trial Court as PW-2 on 11.07.2025, she did not identify the applicant and seeing the accused persons, namely, Aman, Sagar and Yashpal, has stated inter alia that they have not abducted her daughter. On the strength of statement of mother of the victim, it is submitted that now there is bleak chance of conviction of the applicant, who has no criminal history to his credit and is languishing in jail since 10.03.2025, may be enlarged on bail. 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. Having heard learned counsel for the parties and examined the matter in its entirety, I find that there is no direct evidence against the applicant except confessional statement of the accused. The mother of the victim, who claims herself to be the eye-witness of the incident, also did not recognize the applicant before the trial Court. 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 Sagar Kumar 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 BAIL No. 26680 of 2025 2 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. September 9, 2025 Shubham BAIL No. 26680 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad